Manesar land case: SC asks Haryana to name officials who excluded land parcels from deemed award

The Supreme Court has asked the Haryana government to furnish names of officials who passed orders for excluding land parcels from the deemed award, ordered by the apex court, in Gurugram’s Manesar.

These land parcels were apparently excluded on account of execution of collaboration agreements between landowners and developers after August 27, 2004, the day Section 4 of the Land Acquisition Act was notified to acquire the land. The apex court has also sought to know the present status of development at the site with pictures.

The apex court was hearing a prayer seeking clarification whether its 2018 judgment, would also cover land parcels purchased prior to notification of Section 4 of the Land Acquisition Act but transferred by landholders between August 27, 2004 and January 29, 2010 by way of collaboration agreements in favour of other parties.

The top court had restrained three real estate developers and landowners from creating fresh third-party rights on 268 acres which was once sought to be acquired for creating an industrial township in Manesar in Gurgaon but was dropped from the acquisition by the Congress regime in 2007. The 268 acres was a part of the 688 acres being acquired for public purpose and dropped during the Congress rule.

A CBI investigation was ordered in 2015 and the decision to drop acquisition proceedings was set aside by the apex court in 2018. The apex court had also ruled that 688 acres shall vest with the Haryana State Industrial and Infrastructure Development Corporation and all licenses granted in respect of lands covered by the deemed award of August 26, 2007 will stand transferred to HSIIDC.

Realtors claim their land outside the scope of SC order

Senior advocate Dushyant Dave who appeared for Paradise Systems said the land purchased by his client was well before the issuance of Section 4 notification and was part of Section 6 declaration. However, it would be outside the scope of judgment and as such his client was entitled to develop the land, Dave said.

Senior advocate Shekhar Naphade who appeared for Frontier Home Developers supported Dave’s submission and stated that the factual contours in the case of his client were identical. Counsel for Karma Lakeland Brijender Chahar, accepted that his client was the holder of the land on the day when Section 6 notification was issued. He said that collaboration agreement in the case of his client was executed before Section 4 notification was issued.

In its October 13 order, the apex court said for facilitating the decision, the state government should submit whether there are similar such cases as well. “Orders passed by the state government in respect of three land parcels should also be placed on record. The government should also submit whether any appeals or revisions were preferred against the original orders. Copies of the orders must be furnished and names of the officials who passed the orders must be disclosed,” the apex court said.

What did the SC order in 2018:

The August 24, 2007 decision to drop acquisition proceedings for 688 acres of land in Manesar and around was set aside and was termed as a clear case of fraud on power.

Award for this land deemed to have been passed on August 26, 2007.

The 688 acres shall vest in HSIIDC and all licenses granted in respect of lands covered by the deemed award of August 26, 2007 will stand transferred to HSIIDC.

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