Case Note & Summary
The appellants, Krishan Chander and another, were owners of land in Village Para, District Rohtak, which was acquired for development of Sector 36, Rohtak via Notification under Section 4 of the Land Acquisition Act, 1894 dated 15.12.2006 and final declaration under Section 6 dated 14.12.2007. The appellants contended that the land was not utilized for the notified public purpose and that similar lands had been released from acquisition. They initially approached the High Court in CWP No.5836/2014, which was disposed of on 27.03.2014 with a direction to the respondents to verify the claim and consider releasing the land if not needed. Pursuant to this, the Secretary-cum-Director General, Urban Estates Department, Haryana rejected the representation on 10.11.2014. The appellants then filed CWP No.22656/2015 challenging this rejection, which was dismissed by the High Court on 21.10.2015 at the threshold without issuing notice to the respondents. The High Court noted that the land was vacant and that the policy dated 26.10.2007 (modified on 24.01.2011) for release of land applied only to land with residential buildings. The Supreme Court granted leave and heard the appeal. The Court observed that the impugned order dated 10.11.2014 was passed pursuant to a prior direction of the High Court, and thus the High Court should have examined the matter deeper after calling for objections from the respondents. The Supreme Court noted that the respondents had filed a counter affidavit contending that the land was required for institutional plot, green belt, and parking area as per the layout plan, and that possession had been taken via Rapat Roznamcha on 09.12.2009. The appellants disputed the mode of possession and relied on the layout plan to show that surrounding lands had been released. The Court also noted disputed facts regarding whether the appellants had filed objections under Section 5A. The Supreme Court set aside the High Court's order and remanded the matter for fresh consideration, directing the High Court to examine the correctness of the order dated 10.11.2014 after hearing both sides.
Headnote
A) Land Acquisition - Release of Unutilized Land - Policy dated 26.10.2007 modified on 24.01.2011 - The appellants sought release of their land from acquisition on the ground that it was not utilized for the notified public purpose and that similar lands had been released - The High Court dismissed the writ petition at the threshold, relying on the policy which pertains to release of land over which residential buildings have been constructed - The Supreme Court held that the High Court ought to have examined the matter deeper, especially since the impugned order was passed pursuant to a prior direction of the High Court - The matter was remanded for fresh consideration (Paras 5-7, 13). B) Land Acquisition - Possession - Mode of Taking Possession - Panchnama - The respondents contended that possession of the land was taken via Rapat Roznamcha and Panchnama on 09.12.2009 - The appellants disputed that the Panchnama was drawn at the spot - The Supreme Court noted that the fact of possession would be relevant for denotification under Section 48 of the Land Acquisition Act, 1894 - However, the correctness of the impugned order required examination of this aspect (Paras 8-10). C) Land Acquisition - Objections under Section 5A - Policy for Deletion - The respondents argued that the appellants did not file objections under Section 5A, making them ineligible for release under the policy - The appellants claimed they had filed such objections - The Supreme Court observed that this disputed fact required consideration by the High Court (Para 11).
Issue of Consideration
Whether the High Court was justified in dismissing the writ petition at the threshold without deeper examination of the order rejecting the appellants' representation for release of land from acquisition, particularly when the order was passed pursuant to a prior direction of the High Court.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order dated 21.10.2015, and remanded the matter to the High Court for fresh consideration of the writ petition. The High Court was directed to examine the correctness of the order dated 10.11.2014 after hearing both sides.
Law Points
- Land Acquisition Act
- 1894
- Section 4
- Section 6
- Section 48
- Section 5A
- Policy for release of land dated 26.10.2007 modified on 24.01.2011
- Possession by Panchnama
- Restoration of acquired land
