- (1.) This Appeal by way of motion in Curative Petition Diary No. 231 of 2014 in Civil Appeal No. 6515 of 2009 challenges the Order dated 12.6.2014 of the Deputy Registrar by which the Curative Petition was 'lodged' under Order XVIII Rule 5 as well as Order X Rules (3) & (4) of the Supreme Court Rules, 1966.
(2.) The matter concerns acquisition of land by the State of Haryana for the benefits of Haryana Industrial and Infrastructure Development Corporation Limited (hereinafter referred to as "HSIIDC"). The Applicant namely Manesar Industries Welfare Association is an Association of the beneficiaries of the acquisition of land, who having entered into an agreement with HSIIDC, which allots plots to its members for valuable consideration. The compensation for the acquired land was enhanced by the High Court by relying on a Sale Deed executed by two private and independent companies. HSIIDC had unsuccessfully challenged the Judgment of the High Court before this Court, which upheld it vide Judgment dated 17.8.2010.
(3.) The Applicant contends that it discovered that the aforementioned transaction relied upon by the High Court was allegedly not a genuine transaction because those two companies were under a common management and they had inflated the consideration/sale price in the Sale Deed in connection with a contemplated joint venture with a company of the USA, and that the Applicant had duly informed HSIIDC about that position. Considering that the liability of the members of the Applicant is commensurate with the amount of compensation, since the price fixed for beneficiaries was tentative subject to revision of the compensation to the landowners, the Applicant filed a curative petition. This Curative Petition was found to be not maintainable by the Registry. The Counsel of the Applicant had essayed to explain how the Curative Petition was maintainable and requested the Registry to list it before Court. However, the petition was not listed and that refusal remains unchallenged, inter alia on the ground that the enabling step to preferment of a Curative Petition is the Review Petition.;