M.M.KUMAR,J - (1.) THIS petition filed under Article 226 of the Constitution prays for issuance of directions to the respondents to exchange land measuring 3,875 acres in Sector 43, Gurgaon, which at one time belonged to the petitioner and acquired by the respondent State in 1997-1998, with the land owned by the Haryana Urban Development Authority-respondent No. 2 (for brevity, 'the HUDA') in Sector 53, Gurgaon. A further direction to the respondents has been sought for grant of licence applied vide licence applications dated 17.12.1990 and 14.02.2001, under Section 3 of the Haryana Development and Regulation of Urban Area Act, 1975 (for brevity, 'the 1975 Act') for the development of that land measuring 3.875 acres for a residential colony for which licence fee and scrutiny fee have been deposited. The petitioner has also sought an alternative prayer for issuance of direction to the respondents to release 3.875 acres of land of the petitioner from acquisition in pursuance to declaration under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity, 'the Act'), issued on 08.09.1997 (P-3) and 07.09.1998 (P-5) respectively. Another alternative prayer made is for quashing of the aforementioned notifications as also subsequent proceedings with regard to the land of the petitioner. The petitioner has also prayed that it may not be dispossessed from the land measuring 3,875 acres except in the event of exchange of land as per the proposal.
(2.) BRIEF facts of the case are that the petitioner is a developer and engaged in the business of setting up residential and commercial colonies in and around the State of Haryana and capital New Delhi. It has been claimed that on 31.05.1985 a licence under Section 3 of the 1975 Act was granted to the petitioner by the respondent State in respect of 101.55 acres of land, where the petitioner has developed a colony, namely, Sushant Lak. It has further been claimed that from 22.08.1985 to 12.02.2007, 23 additional sets of licences under the provisions of 1975 Act have been granted to the petitioner in respect of development of various pockets abutting Sushant Lok. The aforementioned 3.875 acres of land is in close proximity of Sushant Lok. The petitioner use to own land measuring 3.875 acres, comprised in Khasra Nos. 8 to 15 and 33 in the revenue estate of Wazirabad, Gurgaon, which was purchased by it on 31.03.1989. On 17.12.1990, the petitioner made an application for grant of licence for development of a residential colony over 3.875 acres of land (P-1). In October 1991, revised layout plans were submitted by the petitioner in respect of land measuring 3.875 acres (P-2). On 08.09.1997, a notification under Section 4 of the Act was issued by the respondent State for acquisition of land including 3.875 acres of land belonging to the petitioner, for a public purpose, namely, for the development and utilisation of land for residential, commercial and institutional purposes, beside providing open space area in Sectors 26-A, 27, 28, 42 and 43 at Gurgaon, under the Haryana Urban Development Authority Act, 1977, by the HUDA, in the area of village Kanhai, H.B. No. 73, Village Wazirabad, H.B. No. 75, Village Chakerpur, H.B. No. 74, Village Sikanderpur Ghosi, H.B. No. 68, Tehsil and District Gurgaon (P-3). The petitioner filed objections under Section 5A of the Act on 03.10.1997, requesting for the release of the land for the purposes of its development (P-4). However, the State Government issued declaration under Section 6 of the Act on 07.09.1998 (P-5). The petitioner again filed objections on 10.10.1998 (P-6). It is claimed that on 06.03.2000, the Government formulated a policy that in the case of a licence being sought qua a piece of land which is under acquisition, the same would be released if the licence is sought in respect of land purchased by the owner before the date of issuance of land acquisition notice. However, no such policy has been placed on record. On 24.08.2000, the Land Acquisition Collector issued notice under Section 9 of the Act and award has been announced on 06.09.2000 (P-8/A). The Land Acquisition Collector also took symbolic possession by Rapat Roznamcha dated 06.09.2000 (P/8-T). On 15.12.2000, the petitioner made applications to the Secretary and Commissioner, Town and Country Planning as well as the HUDA, seeking release of land measuring 3.875 acres from acquisition on the ground that the same was purchased before issuance of notification under Section 4 of the Act (P-8/B). On 14.02.2001, the petitioner re-applied for grant of licence to the DTCP, Haryana and also submitted requisite documents and fees amounting to Rs. 1,56,820/- and Rs. 3,87,500/- towards scrutiny/licence fee (P-9 Colly). On 05.11.2001, the HUDA floated residential Sector 43, Gurgaon, which includes the land measuring 3.875 acres belonging to the petitioner. On 10.11.2001, the petitioner represented to the HUDA requesting that no further action in respect of allotment of plots on the petitioner's land be taken (P-10). On 29.06.2002, again a representation was made by the petitioner to the Director, Town and Country Planning, Haryana, whereupon personal hearing was granted on 23.12.2002 (P-11). On 10.12.2002, the petitioner also submitted a representation to the Chief Minister, Haryana, in relation to grant of licence (P-12).
(3.) ON 25.12.2002, a letter was addressed by the District Town Planner, Gurgaon, to the Senior Town Planner, Gurgaon, in respect of proposals submitted by the petitioner. Thereafter, a letter dated 25.12.2002 by the Senior Town Planner, Gurgaon, was sent to the Administrator, HUDA (P-14 Colly). Reference has also been made to letter dated 07.07.2004 addressed by the District Town Planner to the Chief Town Planner, Gurgaon (P/18-T) and further letter from the office of the District Town Planner, Gurgaon, to the Administrator, HUDA, Gurgaon, dated 20.09.2007 (P-22). A perusal of all these letters would show that land measuring 3.875 acres, belonging to the petitioner fell within Sector 43, Gurgaon, for which lay out plan has already been approved by the Government, vide Memo. No. CTP-HUDA-DTP(M) 8517, dated 05.10.2001. The said land was planned for 4 marla plots and the sector has already been floated. The plots have already been allotted by the HUDA. It has further been noticed that two alternative proposals were made by the petitioner, which were examined. Alternative proposal No. 1 was rejected as it has already been planned by the HUDA for plots to be allotted to Harijans in accordance with the judgment of this Court. Therefore, said proposal did not find any favour with the District Town Planner. The second proposal found favour with the District Town Planner, HUDA, which was also agreed to by the Senior Town Planner, as is evident from the letter dated 25.12.2002. A similar conclusion has been drawn in Memo. dated 07.07.2004 (P-18 and P-19). The petitioner is stated to have surrendered two school sites in Sushant Lok to the HUDA. From 2005-2007, a series of communications exchanged inter se between the official respondents as well as the petitioner. However, a perusal of these communications shows that in none of them either it has been conveyed to the petitioner by any competent officer of the State that land measuring 3.875 acres is being released or licence under the provisions of the 1975 Act has been granted.;