Decade on, court cracks down on Haryana authorities for defying orders in land acquisition case
The Punjab and Haryana High Court has admonished Haryana Shahari Vikas Pradhikaran authorities for their “wilful and deliberate” non-compliance with judicial directions before ordering the immediate attachment and sealing of the offices of the Land Acquisition Collector (LAC) and Estate Officers I and II, HSVP, Gurugram. Justice Harkesh Manuja issued the directions in a contempt case where the authorities failed to compensate petitioners for utilising their un-acquired land for over a decade.
The case pertained to the acquisition of 16 kanal 6 marla land in Narsingpur Kasan village in Gurugram, for Sector roads through a 2010 notification under the Land Acquisition Act, 1894. “Surprisingly” the authorities took possession of an additional 4 kanal 15 marla of un-acquired land owned by the petitioners without legal sanction or compensation. Despite repeated judicial directions, the authorities failed to disburse compensation, even after assessing it at Rs 6.41 crore based on the current collector rate.
Justice Manuja observed: “The unwillingness on the part of the respondents towards compliance of the order seems wilful and deliberate. Despite utilising the land of the petitioners since 2011, not even a single penny has been offered to them.” The court added that the actions of the authorities violated Article 300-A of the Constitution, which guarantees protection of property rights. “The respondents are acting in violation of the basic fundamental tenets of the Constitution of India,” the bench added
Expressing dissatisfaction over prolonged inaction, the court noted, “Though taking a lenient view, this court granted the respondents more than two months to do the needful, yet the same was never adhered to.”
The court directed the Deputy Commissioner and Commissioner of Police, Gurugram, to ensure the immediate attachment and sealing of the offices, with a compliance report to be submitted to the District and Sessions Judge, Gurugram. The matter is listed for further hearing on December 2.
