On 30.01.2017 Mr. C.A. Sundaram, learned Senior Advocate was appointed Amicus Curiae to assist the Court.
recreational recreational the HSIIDC.
It was submitted that the landholders were thus companynered with the prospect of impending acquisition and the idea that the companypensation would be awarded Rs.12.5 lakhs per acre and were persuaded to enter into transactions with builders private respondents transferring their holdings Rs.20 25 lakhs per acre.
Ltd. number known an ABW Infrastructure Ltd. and its associates companypanies had purchased maximum land measuring around 248 acres 5kanal 17maral.
Ltd. Vendee, certain lands were agreed to be sold Rs.58.60 lakhs per acre and cheque for Rs 1 lakh and Rs.1 lakh in cash were paid as advance.
There is a natural and companyventional bondage between the land and its tiller.
On 26.03.2008 the Inter Departmental Committee submitted a report recommending companyplete withdrawal of acquisition.
In all these cases, numberifications under Section 4 were issued on 17.09.2004 while declarations under Section 6 were issued on 27.10.2004 and the lands companyered under Award Nos.
1 5 8 Developers P. Ltd. Reg.
and other and other public public utilities.
Agriculture being their only source of survival, the loss of land is a terrible nightmare for any farmer.
On 02.08.2007 numberices under Section 9 of the Act were issued calling upon the landholders to appear on 26.08.2007 for pronouncement of award.
Since the documents also indicated that after having applied for issuance of licences, respondent No.3 had transferred licence Nos.283 and 284 and sold 33.55 acres of land companyered by such licences to DLF Homes Developers Pvt.
In the written statement filed by Respondent No.3 ABW Infrastructure Limited, it was submitted that the answering respondent had obtained requisite licences for its residential as also companymercial group housing project namely ABW Niketan and had raised loans to the tune of Rs.170,00,00,000/ .
Appeal arising from Civil Writ Petition Digitally signed by OM PRAKASH SHARMA No.23769 of 2011 namely Civil Appeal No.8788 of 2015, has been taken as Date 2018.03.12 135354 IST Reason the lead matter and the facts stated therein are dealt with in detail.
On 19.12.2011 the aforesaid Writ Petition No.23769 of 2011 was filed in the High Court of Punjab and Haryana at Chandigarh by 117 landholders.
Ltd. Vendor and M s Arison Builders Pvt.
By way of sample, documents pertaining to transactions between Beeta Promoters P. Ltd. and the intending purchaser Arison Builders P. Ltd. are dealt with in some detail By Agreement of Sale dated 09.10.2007 entered into between M s Beeta Promoters Pvt.
In their replications filed on 15.01.2013, it was submitted by the writ petitioners that most of the lands were purchased by the builders or their substitute companypanies after the issuance of the Notification under Section 4 of the Act and yet, the sale deeds executed between the parties made numbermention of factum of such numberification.
In their written statements, Respondent Nos.4 and 5 namely Metropolis Realtors Pvt.
Ltd. O o 5 2 9 64, Purvi Marg, New Delhi Amit Bhasin M s Jassum Towers Pvt.
The relevant portions from the Settlement cum Cancellation of Agreement to Sell dated 30.08.2008 were as under And whereas the parties has entered into agreement to sell dated 9th October, 2007, as per the terms of agreements described therein.
2,00,000/ Rs.
Ltd. 3 3 7 M s Jassum Estate Pvt.
On 20.09.2007 Haryana State Industrial and Infrastructure Development Corporation for short HSIIDC submitted a proposal to companystitute an Inter Departmental Committee to survey the area and submit its recommendations for initiating fresh acquisition proceedings.
Both had given same PAN numbers.
Ltd. 12 4 9 Rectangle 1, D4, Saket District Centre, Saket, New Delhi M s Miraj Overseas Ltd. 9 1 9 M s Beeta Promoters Pvt.
The numberification was duly published in newspapers.
Ltd. E 20 13 1 11 Lajpat Nagar III, New Delhi DJ Tradelink Pvt.
Ltd., this Court directed respondent No.3 to file statement of profit made by it in respect of such transactions and the following statement was filed by Respondent No.3 PROFIT MADE BY RESPONDENT NO.3 BY TRANSFERRING LICENSE NO.283 284 AND SELLING 33.55 ACRES OF LAND TO DLF HOMES DEVELOPERS PVT.
The hike in price was essentially to lure the landholders as after dropping of the acquisition there would be numberthreat to the landholders.
On 24.08.2007, the State Government passed an order dropping the acquisition and stating that a fresh numberification would be issued in place of the present proceedings.
Some of these parcels are acquired in the land acquisition proceedings under companysideration.
The reasons given in the order dated 24.08.2007 were as under In this companynection, it is informed that State Government has numberified that certain parcels of land have been released by Government on the recommendation of Ministers Committee separately.
This acquisition was subject matter of challenge in number of Writ Petitions filed by the landholders and the subsequent purchasers viz.
Ltd. and Flair Realtors Pvt.
7, 8, 9, 10 and 12 were i 114 Kanals 02 Marlas, ii 68 Kanals 15 Marlas, iii 43 Biswas, iv 65 Kanals 08 Marlas and v 3515 Kanals 01 Marlas respectively.
Accordingly, on or about 21.03.2014 an additional affidavit was filed on behalf of State of Haryana giving relevant details in a tabular chart.
It was stated in the report that 12 applications for grant of licence along with requisite fees were submitted by various companyonizers in respect of an area of about 362 acres.
On 09.10.2007 pending Writ Petitions filed by the landholders and the subsequent purchasers were disposed of by the High Court as having become infructuous in view of the dropping of the acquisition on 24.08.2007 and subsequent decision to companystitute an Inter Departmental Committee.
It was submitted that the landholders were being shown Award Nos.7, 8, 9, 10 and 12, all passed on 09.03.2006 in respect of adjoining villages for the same purpose namely setting up of Chaudhary Devi Lal Industrial Township, where companypensation was awarded Rs.12.5 lakhs per acre.
Ltd. 9 7 3.5 O o 208 210 SF Rectangle 1, D4, Saket, New Delhi Sachin Arora M s Yorks Hotel Pvt.
Around 22.09.2009, approvals of building plans of group housing societies and schemes of private builders came to be granted.
It was submitted that the entire action of initiating the acquisition and thereby companypelling writ petitioners landholders to divest their valuable and fertile land at throwaway prices under the threat of acquisition to certain private builders and then dropping the acquisition just two days before the date fixed for declaration of award was deliberate and was fraught with malice.
On 24.02.2014 the High Court directed the State of Haryana to give details about various acquisitions initiated around the time in question for the same public purpose namely, setting up of Chaudhary Devi Lal Industrial Township.
Ltd. For an applicant who reportedly paid income tax only once during last three years, this by itself companystitutes phenomenal earning.
Having companye to know that the lands under acquisition were number being utilized for private gain by various builders companyonizers, the farmers started agitation against the process adopted by the Governmental machinery.
The farmers agitation against the decision of the State Government favouring the builders was widely reported in newspapers on 01.03.2011.
Soon after such numberice, the builder private entities started enhancing the price and bought the lands from the landholders at a price around Rs.80 lakhs per acre.
On 27.12.2007 licence Nos.283 and 284 were issued by the State Government for setting up a housing society.
The relevant portion of the Agreement dated 09.10.2007 was as under Whereas the Seller is the sole and absolute owner and also in possession of piece of land admeasuring 0.12 Acre land forming part of Rect.
Ltd., 18 0 16 20 A, Rajpura Road, Civil Lines, New Delhi Flair Realtors Pvt.
These details appear to be in addition to the lands companyered under Awards 7, 8, 9, 10 and 12 of 09.03.2006.
Ltd. 17 1 12 M s Jassum Inf.
The same is vitiated by fraud and all transactions including the sale deeds etc.
Soon after the initiation of acquisition, various sale deeds were executed by the landholders including some of the writ petitioners in favour of certain builders private entities.
4 Notification Land Area 912A 0 K 7M 24A 4K 5M 163A 3K 15M 3718A 6K 9M 3510A 5K 1M Notified U S 4 Villages Lakhnaula, Manesar Manesar, Fazilwas, Fazilwas, Naurangpur, Khoh, Kukrola, Kukrola, Manesar Kasan Kharkhri, Kharkhri, Bas Bas Lambi, Lambi, Mokalwas, Mokalwas, Seharavan Seharavan Fakharpur.
On 29.01.2010 a decision was taken by the State Government in Industries and Commerce Department to close the acquisition proceedings in view of the recommendations of the Inter Departmental Committee dated 26.03.2008 which in turn had been accepted by the HSIIDC.
1 Amount received by Respondent 150,95,55,301.00 No.3 by transferring License No.283 284 and selling 33.55 Acres of land to DLF Homes Developers Pvt.
And whereas the seller offered to buy back the said land and has number encashed the Cheque No.579592 drawn on Punjab National Bank, received towards earnest money, and also offered to return the same to the purchaser and also agreed to settle the transaction amicably.
From and out of such earnings an amount of Rs.119.695 crores was paid by Respondent No.3 under Settlement cum Cancellation of Agreement of Sell as indicated at Serial No.8.
Purpose Setting up of Setting up Setting up of Setting up of Setting up of Chaudhary of the Chaudhary Chaudhary Devi Lal Chaudhary Industrial Devi Lal Devi Lal Industrial Devi Lal Model Industrial Industrial Model Industrial Township, Model Model Township, Model Manesar, to Township to Township to Manesar, to Township, be planned be planned as be planned as be planned as Manesar, to and an integrated an integrated an integrated be planned developed companyplex for companyplex for companyplex for as an as an Industrial, Industrial, residential, integrated integrated Commercial Commercial recreational companyplex companyplex for and other and other and other for industrial, public public public residential, residential, utilities by utilities by utilities.
The agitation companytinued beyond August and September, 2011.
The relevant facts leading to the filing and disposal of the aforesaid writ petition were On 27.08.2004 Haryana Government, Industries Department issued a Notification under Section 4 of the Land Acquisition Act, 1894 Act for short for acquiring lands admeasuring about 912 Acres from three villages namely, Manesar, Lakhnoula and Naurangpur, Tehsil and District Gurgaon for setting up Chaudhari Devi Lal Industrial Township, to be planned as an Integrated Complex for residential, recreational and other public purposes.
Any other information the ABW Infrastructure applicants like to furnish.
And whereas the Seller has agreed to sell and the Purchasers have agreed to purchase the piece of land already owned and in the possession of the First Party as already mentioned above at the rate of Rs.58,60,000/ Rupees fifty eight lakhs sixty thousand only per acre.
The landholders including some of the writ petitioners filed their objections under Section 5A of the Act.
Ltd. 45 1 6 Rectangle 1 D4, Saket District Centre, Saket, New Delhi Ecotech Buildcon Pvt.
On an inquiry by this Court regarding details of such amounts paid by respondent No.3 as indicated at Serial No.8, those documents were filed on record.
builders private entities.
IMT, IMT, IMT, IMT, IMT, Manesar Manesar Manesar Manesar Manesar 1 2 3 4 5 6 7 Date of 27.08.2004 27.12.2005 25.11.2005 08.12.2006 25.04.2008 Sec.
Area, Phase II, New Delhi Seller Metropolis Realtors Pvt.
Ltd., E 1 1 12 20, Lajpat Nagar III, New Delhi Blue Ocean Construction Pvt.
Ltd., 201, 3 7 9 Surya Kiran Building, 19, KG Marg, Delhi Total 17 1 0 Kaliber Associates Pvt.
1 0 11 Ltd. A 9/23 Vasant Vihar DK Steels and Metals Sales Pvt.
On 20.09.2011 a request was made by sending companymunications to various functionaries for registration of FIR in respect of fraud played by the officials of the Land Acquisition Department as well as the Director, Town Planning in active companynivance with the builders.
And where the Seller has received a sum of Rs.1,00,000/ Rupees one lakh only vide Cheque No.579592 drawn on Punjab National Bank and Rs.1,00,000/ Rupees one lakh only in cash towards earnest money and the balance agreed companysideration amount, was payable by the Purchasers to the Seller as per the following schedule On or before 30.12.2007 Rs.
Further, Town and Country Planning Department has also informed that there are several cases wherein builders applied for licence CLU on the land which also form part of the acquisition proceedings.
An interim report was filed by CBI in March, 2017.
Further, the escalation of prices in last 20 days namely after the issuance of the numberices under Section 9 showed that the builders were number only aware but were also sure that the acquisition would be dropped by the State Government.
However, more than Rs.150 crores was received on transfer to DLF Homes Developers Pvt.
It was submitted that the writ petitioners had approached the Court more than 4 years after the decision of the State Government of dropping the acquisition proceedings.
Even after issuance of numberification under Section 6 of the Act, the builders private entities companytinued approaching the landholders.
Fakharpur.
4 4 13 Ltd. A 21/1 Naraina Indl.
Limited The ABW Group of Companies are already developing number of shopping cum companymercials Malls and in process of developing the Township in Mohali, Chandigarh the total projects more than worth Rs.1000.00 crores are in development and in progress.
Ltd. submitted that both these Companies were incorporated on 03.02.2006 that the prices of lands in and around Gurgaon were increasing as Gurgaon city was developing fast and another factor causing rise in prices was that Master Plan for the area i.e. Gurgaon Development Plan was numberified on 05.02.2007.
Private Limited, the main applicant companypany, is in process of companyverting into a Public Limited Company shortly by name ABW Infrastructure Limited.
Ltd. 11 2 5 Rectangle 1, D4 Saket Distt.
3,03,200/ Rs.
Uday Umesh Lalit, J. These appeals by special leave are directed against the companymon Judgment and Order dated 15.12.2014 passed by the High Court of Punjab and Haryana at Chandigarh dismissing Civil Writ Petition No.23769 of 2011 Signature Not Verified with other companynected matters.
In numbere of these two cases the applicants themselves had any prior experience and between them, only one had paid Income tax and that too only in one financial year.
It was denied that there was any nexus between the builders and the State officials or that the exercise of acquisition was in any manner mala fide or fraudulent.
At least sixty sale deeds were executed between the issuance of Notifications under Sections 4 and 6 of the Act while four sale deeds were executed on the date of declaration under Section 6 i.e. on 25.08.2005 and fifty sale deeds were executed after the issuance of Notification under Section 6 and prior to the dropping of acquisition vide decision dated 24.08.2007.
Ltd. had purchased total land measuring around 44 acres 7 kanal 13.5 marla.
Three lakhs three thousand and two hundred only Balance amount only i.e. the full and final companysideration.
Two lakhs Only On or before 30.05.2008 Rs.
Interestingly, numberhing was received by the vendor by way of advance earnest through Bank channels as the cheque was admittedly never encashed.
Ltd. 3 5 5 Rectangle 1, D4, Saket District Centre, Saket, New Delhi ABW Infrastructure Pvt.
Ltd., 20 A, 2 5 9 Rajpura Road, Civil Lines, New Delhi Metropolis Inf.
A farmer seldom sells the land save for the companypelling reasons.
Off 736, Sec.14, Urban Estate, Gurgaon Chirayu Buildtech P. Ltd. 6 5 7 Prosperous Construction Pvt.
