- Court
- High Court of Punjab and Haryana
- Decided
- 19 January 2023
- Bench
- G.S. Sandhawalia, Harpreet Kaur Jeewan
- Case no.
- CWP 8814/2007
Judgment
G.S.SANDHAWALIA, J. (ORAL) CM-18881-CWP-2022 The application has been filed under Order 1 Rule 10 read with Section 151 of the Code of Civil Procedure, 1908, for substitution of petitioners No. 1 to 3, on the ground that Villages, Gharauli Khurd, Mohammadpur Jharsa and Harsaru have come within the Municipal Limits of Gurugram and the Gram Panchayats have merged in the applicant-proposed petitioner. Notice in the application. Mr. Mohit Jasuja, Advocate, for Mr. Shivoy Dhir, Sr. Standing Counsel, appears and accepts notice on behalf of respondents No. 1 and 2, Mr. Ankur Mittal, Addl, A.G., Haryana, with Mr. Saurabh Mago, A.A.G., Haryana and Ms. Kushaldeep Kaur, Advocate, accepts notice on behalf of respondents No. 3, 4, 5 and 7 and Mr. P.S. Chaudhan, Advocate, accepts notice on behalf of respondent No. 6-HSIIDC. The application is duly supported by an affidavit of the District Revenue Officer, Municipal Corporation, Gurugram. In view of the above and the averments made in the application, the same is allowed and the applicant Municipal Corporation, Gurugram, through its Commissioner, is substituted as petitioner No. 1 in place of petitioners No. 1 to 3. The amended memo of parties is ordered to be taken on record. The writ petition was filed through the Gram Panchayat of the three said villages who were arraigned as petitioners No. 1 to 3. Petitioners No. 4 to 8 are individuals. The challenge in the writ petition is because of the acquisition proceedings initiated vide notification dated 29.01.2003 and
28.01.2004 (Annexures P-1 and P-2,) under Sections 4 and 6, respectively, of the Land Acquisition Act, 1894. It has also been averred that the Award was announced on 27.01.2006. The writ petition was also titled as a Public Interest Litigation. The challenge was regarding the transfer of the land in question to respondents No. 8 and 9, who are Reliance Ventures Limited and Reliance Haryana SEZ Limited. Vide an additional affidavit of Usha Kiran, Senior Town Planner, Haryana State Industrial & Infrastructure Development Corporation Limited, placed on record vide CM-20209-CWP-2022, it has been mentioned that on account of some developments/events, the Memorandum of Understanding dated 12.12.2005 was signed with the private respondents. Thereafter, a conveyance deed was executed on
26.04.2007 in favour of Reliance Haryana SEZ Ltd and land measuring 1383.68 acre was transferred to the said company. The same thereafter was shelved in the year 2014 and the conveyance deed of the land was executed in favour of the Corporation on 29.08.2014 by the Reliance Haryana SEZ Ltd. and the land had reverted to HSIIDC. It is further admitted that there was a joint venture of the Corporation with the Delhi Mumbai Industrial Corridor Corporation (DMICDC). It has further been averred that the due to several contentious issues, the project could not take off and it was decided to cancel the joint venture agreement. The implementation of the Global City project now is being done by the Corporation and the issue regarding the transfer of land to Reliance Haryana SEZ has become redundant. The status of position, land compensation and payment of annuity of the petitioners is detailed as under:- Sr. Petitioner & Details of Status of payment of Status of Status of No. Name of land under Compensation/Enhanced payment of Possession Village ac?uisition Compensation Annuity 1 Gram 42(2-14) Not lifted Not paid as Land in Panchayat documents not possession of 45/2(37-14) Gharauli submitted HSIIDC vide 46(41-5) Khurd, through Rapat Raghunath 52(4-6) Roznamcha Singh S/o Har No.319 dated 53(10-10) Lal 27.01.2006 345/2(1-18) (Petitioner 346(0-10) No.1) 348(0-10) (Gharauli 349(0-13) Khurd) 352(0-17) Now 353(2-0) Municipal 354(4-10) Corporation 355(0-13) 356(1-0) 357(0-14) 358(1-19) 359(3-3) 360(0-10) 361(0-11) 366(4-3) 367(0-10) Total:15.0625 Acre 2 Gram 25//2/1(0-8) Lifted Rs.65,51,895/- Not paid as Land in Panchayat Cheque No.55216 dated documents not possession of 25//2/2/1(0-8) Mohammadpur 03.04.2006 and submitted HSIIDC vide Jharsa, through 25//8/2/2(0-Rs.4,20,187/- Cheque Rapat
2.4) Har Kishan S/o No.552086 dated Roznamcha Sh. Umed 03.04.2006 No.523 dated 9/3(0-2.4) Singh 27.01.2006 9/2/1(0-9-0) (Petitioner (Not lifted for some area) No.2) 9/2/2(0-11.0) Total:0.256 Now Acre Municipal Corporation 25//15/2/2(1-7) 12//25/2/1(0-3) 89//15(8-0) 16(8-0) Total:16K-0M 3 Gram 89//25(8-0) Lifted Rs.1,05,82,500/- Not paid as Land in Panchayat Cheque No.561929 dated documents not possession of 90//11/1(2-0) Harsaru, 25.05.2006 and submitted HSIIDC vide 161(6-16) through Rs.2,03,99,844/- Cheque Rapat Yashbir Singh No.327581 dated Roznamcha 166(8-0) S/o Sh. 167(8-0) 15.02.2006 No.317 dated Parhlad Singh 27.01.2006 171(8-0) (Petitioner (Not lifted for some area) No.3) Total:40K-16M Now 148(18-6) Municipal 149(2-0) Corporation 150(5-17) 151(1-3) 152(17-3) 153(15-10) 154(14-1) 155(1-18) 156(2-15) Total:78K-13M 165//1(16-0) 4 Gopi Chand, No land under Land not under Land not Land not under S/o Sh. Bikhu acquisition acquisition. under acquisition Ram, R/o acquisition Village Narsinghpur (Petitioner No.4-expired) 5 Yashbir Singh, 69//1/1/2(3-Lifted Rs.25,66,948/- Lifted the Land in S/o Sh. 16) Cheque No.347655 dated annuity possession of Parhlad Singh, 17.03.2006 amount of HSIIDC vide 69//1/2(0-3) R/o village Rs.7,71,204/- Rapat Harsaru 69//2/2(3-7) upto the year Roznamcha Lifted Enhanced compensation of 2021 No.317 dated 113//16(8-0) (Petitioner Rs.1,48,13,870/-. 27.01.2006 113//25/2(7-No.5) 12) (Nos.103//12/1 (2-16) released 114//11/2(7-pursuant to 19) order dated 114//12(8-0) 01.05.2013 passed by the 114//13(8-0) Hon'ble High 127//5(4-10) Court in CWP No.18446 of Total: 2.355 2011 Acre Co-sharers 02 Review Nos. application 103//12/1(2-Not lifted Not lifted (CM No.6347-16) CWP-2014) filed by the State Govt. against the order dated
01.05.2013 is pending before this court. 6 Hari Kishan 124//3(8-0) Lifted Rs.25,93,750/- Lifted Land in S/o Umed Cheque No.565293 dated Rs.24,97,045/- possession of 124//4(8-0) Singh, R/o 17.02.2006. upto the year HSIIDC vide Village 124//5(8-0) 2020 Rapat Mohammadpur Lifted Enhanced Roznamcha 124//6(8-0) Jharsa No.523 dated Compensation of 124//7(8-0) Rs.1,29,44,493/- 27.01.2006 (Petitioner Total:40K-No.6-expired) 0M Co-sharer 04 Nos. 116//17(8-0) 116//18/1(3-7) 116//20(8-0) 116//22(8-0) 116//23/2(4-13) 124//2(8-0) 124//8(8-0) 124//9(8-0) Total:56K-0M Co-sharer 02 Nos. 7 Raghunath 25//16/1(3-12) Lifted Rs.2,12,68,750/- Lifted Land in Singh S/o Sh. Cheque No.522035 dated Rs.61,16,010/- possession of 25//16/2(2-15) Har Lal, R/o 27.03.2006 upto the year HSIIDC vide Village 25//17/1(1-11) 2021 Rapat Gharauli Lifted Enhanced Roznamcha 25//17/2(2-16) Khurd No.319 dated Compensation of 25//17/3(3-4) Rs.13,44,44,356/- 27.01.2006 (Petitioner 25//24/1(5-7) No.7) (Not lifted for area (Land was 25//25/1(1-10) under litigation measuring 8.525 acre) in CWP 26//13(7-19) No.12823 of 26//14(2-10) 2014, which has been 26//17(3-8) dismissed as 26//18(8-0) withdrawn vide order 26//19(4-0) dated 26//20(3-10) 03.02.2022) 26//27(18-12) Total:8.525 21//21/1/2(1-10) 22//17/2(3-18) 22//24/1(7-0) 23//4(8-0) 5(8-0) 24//1/2(3-2) 2/1/2(0-14) 2/2(6-4) 10/2(4-18) 25//25/2(3-5) 25/3(2-6) 26//9(5-2) 11/3/2(1-6) 21(4-6) 24/2(1-14) 25(8-0) 28(0-11) 30//1/1(4-13) 5/2(4-8) 5/1(3-1) 5/3(0-12) Total: 10.25 Acre 8 Narain Singh 66(1-9-0) Not lifted Not lifted The land is S/o Sh. Devi under
Singh, R/o litigation. SLP Village 67(0-6-0) filed by Khandsa HSIIDC vide 68(5-16-0) Diary No.7435 69(7-16-0) (Petitioner of 2017, which is pending and No.8) 102(1-5-10) the Hon'ble 113(1-10-4) Supreme Court vide order Total:10.088 dated Acre co-
03.07.2017 has sharer 02 directed to Nos. maintain status quo with regard to property in question.
Land in possession of HSIIDC vide Rapat Roznamcha No.521 dated
27.01.2006.
The layout plan of the Global City Project has also been annexed as Annexure R/6/3. It has been further mentioned that Award for compensation for total 1590 acres of land was pronounced comprising 2632 landowners and 1909 landowners have taken the compensation amount. Supplementary Award of `376.23 crores has been announced and `286.196 crores has also been disbursed/lifted by the ex-landowners. Sum of `1831.46 crores has thus been paid on account of enhanced compensation which was taken after the Apex Court and total amount of `2117.656 crores has been incurred by the Corporation. Annuity of `61.16 crores is also being paid to the ex-landowners from 2006 to 2021 under the Resettlement and Rehabilitation Policy and also 125 Regular Letter of Allotments had been also done in favour of the eligible applicants of the plot. Mr. Shailendra Jain, Senior Advocate, with Mr. Jagtar Singh, Advocate, appearing for the original writ petitioners, has submitted that he has no instructions for petitioners No. 4 to 8 also. Apparently since the constitution of the first three original Gram Panchayts has now undergone a change who are now represented by Mr. Padam Kant Dwivedi, whose application has been allowed, the authority of the original counsel also does not survive.
In such circumstances, keeping in view the subsequent developments, the cause of action as such which had accrued does not exist any longer and the present petition has become infructuous. Apart from the fact that the original counsel has stated that he has no instructions and the subsequent counsel has stated that the cause of action no longer subsists. Accordingly, the petition is dismissed as such. Pending miscellaneous application, if any, stand also disposed of.
(G.S. SANDHAWALIA) JUDGE
January 19, 2023 (HARPREET KAUR JEEWAN) nitin JUDGE
Whether Speaking Yes
Case details
Parties and counsel
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-18881-CWP-2022 in/and Date of Decision: 19.01.2023 Gram Panchayat, Gharauli Khurd and others ......Petitioners Vs. Union of India and others .........Respondents CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Mr. Shailendra Jain, Senior Advocate, with Mr. Jagtar Singh, Advocate, for the petitioners. Mr. Padam Kant Dwivedi, Advocate, for the applicant (in CM-18881-CWP-2022). Mr. Mohit Jasuja, Advocate, for Mr. Shivoy Dhir, Sr. Standing Counsel, for respondents No. 1 and 2. Mr. Ankur Mittal, Addl, A.G., Haryana, with Mr. Saurabh Mago, A.A.G., Haryana and Ms. Kushaldeep Kaur, Advocate, for respondents No. 3, 4, 5 and 7. Mr. P.S. Chaudhan, Advocate, for respondent No. 6. *****
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