Chandigarh, February 19
The Punjab and Haryana High Court has struck down the notifications acquiring land for establishing an industrial area near Sector 37 of the Rohtak Urban Estate.

The acquisition of land had become controversial in view of the allegations that the industrial area was proposed to be established on the acquired land to enhance the value of the land owned by a former Haryana Town and Country Planning Minister, Seth Sri Krishan Dass.

The acquisition was challenged before the Division Bench comprising Mr Justice Jawahar Lal Gupta and Mr Justice N.K. Sud by Hindustan Automobiles Industries and certain other petitioners. They alleged that the land was acquired for the ostensible purpose of developing an industrial area in Rohtak but the real purpose was to promote the personal interest of Seth Sri Krishan Dass.

A notification was issued on July 9, 1998, by the Haryana Government under Section 4 of the Land Acquisition Act, 1894, expressing its intention to acquire about 138 acres to develop an industrial area. The petitioner filed objections under Section 5-A of the Act alleging inter-alia that the land was being acquired for “the fulfilment of the self-interest of a highly placed individual” and not for promoting any public interest. He categorically pointed out that the proposed acquisition was being done “in a capricious manner for the selfish gain of some highly placed politician having land in the said locality with the mala fide intention of causing loss to the petitioner...” However, the government issued a notification under Section 6 of the Act on October 28, 1998. A small portion of the land (less than eight acres) was excluded from acquisition.

In his reply Seth Sri Krishan Dass averred that the acquisition was done in public interest and he had not benefitted in any way. He also denied that he or his family owned about 80 acre contiguous to the land to be acquired.

Mr Justice Gupta, who authored the judgement, took notice of the averment of the petitioner in his rejoinder that the State Government had itself lodged a report against the former Minister alleging that he was guilty of offences under Sections 420,406, 409, 467, 468, 471, 122, IPC, and Section 13(1) of the Prevention of Corruption Act, 1988. In the report the details of the land owned by the Seth and his brothers showing that they owned 73.8 acre contiguous to the area in dispute.

The petitioner contended that his allegations, which had been denied on behalf of the State Government, were actually supported by the report lodged by the State itself.

Pointing out that the allegations in the FIR gave a clear lie to the written statement filed on behalf of the State as these showed that the land was not being acquired in public interest but for serving a private cause, Mr Justice Gupta said: “At this stage, we do not consider it necessary to say anything more.”

The Bench observed that “another fact which stares us in the face is that according to the original plan the industrial area had to be developed along with Sector 20 in Rohtak. Even the industrial colony and the office of the General Manager, Industries Department, had been established at that place. Still, all of a sudden a decision was taken to set up the industrial estate at a distance of about 7 km. Why?”