High Court Awards ₹5 Lakh Compensation To Man Whose Land Had Been Arbitrarily Targeted For Acquisition By Haryana Govt Since 1962

The Punjab & Haryana High Court has awarded Rs. 5 lakh compensation to a man whose land was "arbitrarily and discriminatorily" targeted for acquisition by the Haryana Government since 1962.

Justice Sureshwar Thakur and Justice Vikas Suri said, "the power of eminent domain becoming misemployed, besides becoming employed with malafides, and, also being infected with the vices of discrimination, and, arbitrariness.."

The Court noted that the Government had made consistent but unsuccessful attempts to acquire the petitioner's land since 1962, despite other sites also being available for acquisition for the relevant public purposes.

"Since 1962 upto now the respondents concerned, thus have consistently made unsuccessful endeavours to subject the present lands to acquisition, despite other sites being also available for theirs being subjected to acquisition for the relevant public purposes, yet theirs being not opted by the respondents concerned, to become acquired by the respondents concerned," it added.

The Court said, "the effect of the present subject lands rather becoming singularly chosen for being subjected to acquisition for the relevant public purposes, whereas, despite the availability of other lands in the apposite vicinity, yet theirs being either omitted to be subjected to acquisition or being released from acquisition, but is that, therebys the power of eminent domain becoming prima facie exercised with sub coloris officio, and, theretos no reverence can be assigned."

The Court was hearing the plea of Umesh Kumar Madhok, challenging the notification issued in 2004, 2005 under Sections 4 and 6 of the Land Acquisition Act, 1894 whereby land upon which his factory was built was notified for acquisition.

It was submitted by the State authority that the land came under the master plan titled as “development plan for Faridabad/Ballabgarh controlled areas” by which sector wise development of the town of Faridabad was prescribed. 

Senior counsel for the petitioner submitted that, "The land can only be acquired for public purpose and here it is done for the purpose of HUDA."

Opposing the plea, the State counsel submitted that, the disputed land is notified for public purposes and for development and utilisation of land as residential and commercial sectors.

After hearing the submissions, the Court rejected the state authority's submissions.

The court observed that the power of eminent domain was misapplied and tainted with discrimination and arbitrariness. The subject land has been singled out and targeted since 1962 and the establishment of the industrial unit does not violate any statutory provisions or relevant zonal reservations.

While allowing the plea, the Court said, "the instant petition is allowed, but with exemplary compensation of Rs. 5.00 lacs (Rupees Five lacs) becoming paid to the present petitioner by the respondents concerned. The impugned notifications are quashed, and, set aside."

Mr. Sanjeev Sharma, Senior Advocate with Mr. Sandeep Singh, Advocate

for the petitioner.

Mr. Ankur Mittal, Addl. A.G., Ms. Svaneel Jaswal, Addl. A.G, Mr. Pardeep Prakash Chahar, Sr. DAG,  Mr. Saurabh Mago, DAG, Mr. Gaurav Bansal, DAG and Mr. Karan Jindal, AAG,  for the respondent-State.

Mr. P.S.Chauhan, Advocate, Mr. Ankur Mittal, Advocate, Mr. Sandeep Chabbra, Advocate, Ms. Gurcharan Kaur, Advocate,

Ms. Kushaldeep Kaur, Advocate and Ms. Saanvi Singla, Advocate for the respondent-HSVP.

Title: Umesh Kumar Madhok v. State of Haryana and others

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