- (1.)Delay condoned. Heard on merits.
(2.)These petitions have been preferred against the Judgment and Order dated 27th September, 2013 passed in LPA No.1687 of 2013, Order dated 16th September, 2013 passed in LPA No.1618 of 2013 and Order dated 16th December, 2013 passed in RA LP No.133 of 2013 in LPA No.1618 of 2013 by the High Court of Punjab and Haryana at Chandigarh, upholding the order of the learned Single Judge, declining to interfere with the Order of the Government of Haryana dated 18th September, 1998, resuming land measuring 76 acres 5 kanals and 5 marlas, except land measuring 7 acres left to be retained by the petitioner foundation.
(3.)The case of the petitioner is that it gave a proposal on 1st April, 1972 to start a educational complex for the benefit of the residents of the State of Haryana. Accordingly, the State of Haryana released 76 acres of land from the Forest Department and acquired the same under the Land Acquisition Act, 1894 vide notifications dated 15th May, 1972 and 28th August, 1972 under Sections 4 and 6 respectively. Award for compensation was given on 21st February, 1973. Possession was delivered to the petitioner on 24th January, 1974 subject to certain conditions including the requirement to make construction within the specific time. Since the land was not utilized as expected, in terms of agreement dated 18th February, 1988 under which the land was given to the petitioner subject to certain conditions, the Village Panchayat sought return of the land by passing a resolution dated 20th October, 1989. On that basis, after due enquiry, resumption Order dated 18th September, 1998 came to be finally passed after various proceedings holding that the petitioner failed to comply with the conditions subject to which land was given to it. It was held that the petitioner failed to utilize the land for the purpose for which it was given, except a part of it.