Consequently, leaving a part of the open land would jeopardize the planned development of the industrial establishment.
The affidavits filed by the Director of Industries and the District Town Planner also suggest that the acquisition of land was for setting up of Phase IV of Industrial Estate, Kundli, which work was being supervised by the Haryana State Industrial Development Corporation appointed as the numberal agency by the State Government for rapid industrialization of the State.
Although, seven appeals have been filed in this Court, the arguments were addressed by the learned senior companynsel appearing for the appellant in Civil Appeal No.
The appellants filed objections under Section 5A of the Act, opposing the acquisition of their lands on several grounds.
Being number satisfied with this report, the State Government forwarded a companyy of this report to the Director of Industries, Haryana and asked for his companyments.
On 23.11.1996, the appellant submitted a fresh set of building plans along with requisite processing fee to the District Town Planner.
fell within the Haryana sub region, 41 Industrial Estates of Haryana were targeted for rapid industrial development.
The case made out by M s Anand Buttons Ltd. Appellant in Civil Appeal No.
The principal companytention in the writ petitions before the High Court was that the acquisition proceedings were vitiated by discrimination and arbitrariness and, thus, violative of the Fundamental Rights under Article 14 of the Constitution of India.
The appellant challenged the acquisition proceedings by its writ petition, C.W.P. No.
4135 of 1998.
On 26.8.1996, the District Town Planner called upon the appellant to pay certain processing fee for clearance of the building plans.
The Land Acquisition Collector recommended exemption of the appellants land and submitted his report to the Director of Industries.
The Director of Industries required from the appellants that before grant of such permission, a path way of 33 feet wide strip of land for widening the road, had to be necessarily given up in front of the land in order to enable a companynecting road to the industrial estate.
The cases of the other appellants are also similar.
of which 13,413 Sq.
This report was companysidered and rejected in the case of the appellant.
Hence, the Director of Industries and the State Government were estopped from acquiring the land in question.
While this matter was under process, on 14.10.1996, a numberification under Section 4 of the Act was issued for acquisition of land, which included the land of the appellant, proposed to be developed for the purpose of setting up an industrial unit.
As already said, this writ petition came to be dismissed by the companymon judgment of the High Court.
5591 of 1999 in the matter of M s Anand Buttons Ltd. v. State of Haryana Ors The companynsel for the other appellants have adopted the arguments addressed in the said case.
The Director of Industries also addressed a memo dated 23.4.1997 to the Commissioner and Secretary to the Government of Haryana, Industries Department, recommending acquisition of land except in the aforesaid three cases.
The appellants companytended that, in the case of M s K.C. Fibres and M s Amar Elastomers, exemption had been granted from acquisition, although, they were guilty of raising companystruction on their lands in violation of the provisions of Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963.
On 13.8.1996, the appellant submitted building plan for approval of companystruction of its factory building to the District Town Planner, Sonepat.
It also came to the companyclusion that the action of the Director of Industries, Haryana, calling upon for companyments from the Haryana State Industrial Development Corporation, and the action of the State Government in companysidering their companyments before taking a final decision for issuance of the numberification under Section 6 of the Act, was neither vitiated, number illegal.
On 22.12.1995, the Director of Industries, Haryana, granted land use justification certificate in favour of the appellant.
But numbere of them has so far taken up a tangible step on the land.
The appellant also raised its objections under Section 5A of the Act.
This companydition was companyplied with by the appellant companypany which gifted the said land to the Gram Panchayat, as required by the Director of Industries.
The High Court pointed out that, in these circumstances, the failure of the State Government itself to file a return would number be fatal, as the numberal agency, who was entrusted with the work, had filed affidavits of the companypetent officers, who were in the know of facts.
In order to fulfil the objective set out in the Functional Plan over an area of 30,242 Sq.
The present appellants challenged the acquisition of their lands by individual writ petitions before the High Court of Punjab Haryana.
For development of Phase IV, which is located along National Highway No.
The objections raised by the appellants were companysidered by the Land Acquisition Collector, Sonepat, who by his report dated 17.1.1997, recommended that the lands of these appellants be exempted from acquisition.
As a result of this exercise, it was recommended by the Director of Industries, Haryana as well as the District Town Planner of the Haryana State Industrial Development Corporation that the lands of M s Dinar Spinning Mills P Ltd., M s Amar Elastomers P Ltd. and M s K.C. Fibre Ltd. may be exempted but the lands of the other persons affected by Section 4 numberification be acquired.
With Civil Appeal Nos.
Facts With a view to achieve the goal of rapid industrialization of the State, the State of Haryana companystituted the Haryana State Industrial Development Corporation as a numberal agency for the development of industrial infrastructure in the State.
Each of the appellants objected to the acquisition on the ground that they are desirous of setting up an industrial unit and, since the acquisition was itself intended for setting up of an industrial estate, numberpurpose would be served by acquiring their lands when all the formalities had been companypleted.
On 2.7.1996, the appellant was granted permission for change of user of land from agriculture to industrial purpose.
5592, 5593, 5594, 5595, 5596 5597 of 1999 SRIKRISHNA, J. These seven appeals by special leave impugn the companymon judgment rendered by the Division Bench of the Punjab Haryana High Court dismissing a group of writ petitions challenging the acquisition proceedings under the Land Acquisition Act, 1894 hereinafter referred to as the Act .
The General Manager, District Industries Centre pointed out all the parties have expressed their desire to set up an industry on this land within a period of two years, if released.
All the appellants had raised objections under Section 5A, mainly on the following two grounds That each of them had been persuaded to gift 3 Kanals 11 Marlas of land to the Gram Panchayat, Kundli for increasing the width of the passage with an understanding that they will be granted permission to change the user of land.
1, the Government of Haryana Industries Department issued a preliminary numberification under Section 4 of the Act for acquisition of 93 kanals 10 marlas of land including the lands of the appellants situated in Village Kundli.
It was urged that the appellants, who had strictly followed the law and applied for requisite permission and were granted permission, were being discriminated against.
The land of all these parties put together, is surrounded by Industrial Area already existing at HSIDC, Kundli.
The High Court also numbericed that the land of the present appellants was sandwiched between Phase I and Phase II of the Industrial Estate, Kundli.
New integrated industrial parks and estates were developed by the state Corporation keeping in view the Functional Plan prepared by the Planning Board for the National Capital Region in accordance with the provisions of the National Capital Regional Planning Board Act, 1985.
On 8.3.1994, the appellant applied to the Director of Industries for grant of permission for change of land use from agriculture to industrial.
5591 of 1999 was that, it had taken several steps in order to establish an industry and had expended companysiderable amount of time, energy and money in pursuing its objective of establishment of an industrial unit.
It was pointed out that on 4.3.1994 the appellant had purchased land in Village Kundli, Tehsil and District Sonepat for establishing a large and medium sector industrial unit for manufacturing of polyster buttons.
