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Judgment
Surya Kant, J.
CMs No. 887 & 1180 of 2014;
CMs No. 16947 & 16957 of 2013
With the consent of learned counsel for the parties, the main cases are taken up on board for final hearing.
CWPs No. 4369, 3015, 4370 & 5832 of 2004 (O&M)
This order shall dispose of CWPs No. 4369, 3015, 4370 & 5832 of 2004 (O&M) as common question of law and facts are involved in these cases.
In all the writ petitions, the petitioners have challenged the notifications dated 17th May, 2002 & 13th May, 2003 issued under Sections 4 & 6 of the Land Acquisitions Act, 1894 respectively, to the extent of acquisition of their respective land/properties comprising residential houses, godowns and/or industrial structures etc. The ''public purpose'' of acquisition is the development and expansion of Industrial Estate at Karnal.
For the sake of convenience the facts of each case may be noticed briefly.
(i) CWP No. 4369 of 2004 (O&M)
The case of petitioner is that he purchased a small piece of land measuring 4 biswas comprising Khasra No. 3284 in the revenue estate of Karnal by registered sale deed dated 20th May, 1992. He constructed a residential house of A-Class construction where the petitioner lives alongwith his family. Since the abovestated piece of land has been included in the impugned acquisition, the aggrieved petitioner is before this Court.
(ii) CWP No. 3015 of 2004 (O&M)
The petitioners in this case purchased the land measuring 12 bighas, comprising Khasra No. 3268 vide registered sale deed dated 11th May, 1982. The land was purchased to set up a godown for storing the Fire Work, for which necessary permission and licence under the Explosive Act, 1884 was also obtained. The construction has been raised after taking necessary permission from the statutory authorities. The abovesated land falls within the revenue estate of Karnal and has been acquired vide the impugned notifications.
(iii) CWP No. 5832 of 2004 (O&M)
The petitioners in this case are owners in possession of land measuring 4 bigha 21 biswas; 13 biswas and 4 bigha 10 biswas respectively, situated within the revenue estate of Karnal. All of them are stated to have set up their respective small scale industrial units (three in number) as per the details given in Para No. 3 of the writ petition. Since their above-mentioned land(s)/properties have been acquired vide the impugned notifications, the aggrieved petitioners are before this Court.
(iv) CWP No. 4370 of 2004 (O&M)
The petitioner purchased a small piece of land measuring 4 biswas comprising khasra No. 3268 in the revenue estate of Karnal vide sale deed dated 19th March, 2002. She constructed a residential house of A-Class construction where she along with her family lives. The abovesated piece of land also forms part of the impugned acquisition, giving rise to this petition.
CWPs No. 4369, 3015, 4370 & 5832 of 2004 (O&M)
The petitioners impugn the subject notifications qua their respective properties, inter-alia, on the grounds: -
(a) similarly placed houses, structures or other buildings have been released from acquisition on acceptance of objections u/s 5A whereas that of the petitioners have not been exempted in a most discriminatory manner;
(b) the construction was raised by each petitioner before issue of Section 4 Notification and the Land Acquisition Collector recommended the release of their respective properties but those recommendations have been mechanically rejected;
(c) the residential houses or other structures of the petitioners being in existence before issue of Section 4 notification, deserve to be released in view of the Government Policy dated 26th October, 2007 as modified on 24th January, 2011;
(d) the acquisition of functional industries would serve no public purpose when the land has been acquired to expand the industrial estate only.
Mr. Kamal Sehgal, learned counsel for the HSIIDC on the other hand submits that the acquisition has been made for a bona fide ''public purpose'' and the petitioners'' properties were not released as it would have disturbed the lay out plan of the area. The factum of existence of structures before issue of Section 4 notification, however, is not in dispute and has been duly acknowledged by the official-respondents in their reply-affidavits.
It may also be mentioned at this stage that when these writ petitions came up for preliminary hearing on 11.03.2004, dispossession of petitioners was stayed and the said interim order is still operating.
We have heard learned counsel for the parties and have gone through the record.
It may be true that the ''public-purpose'' of the subject acquisition is entirely genuine so as to expand the existing Industrial Area at Karnal City. However, it is undeniable that the petitioners purchased their respective piece of land for their bona fide personal use like residence, godowns or industrial activity, much before initiation of the acquisition proceedings.
The petitioners in CWPs No. 4369 & 4370 of 2004 (O&M) are owners in possession of very small pieces of land measuring 4 biswas where residential houses of A-Class construction have been raised. In view of the peculiar facts and circumstances, we are of the considered view that the respondents cannot be permitted to take away the solitary shelter of these poor or middle class families, for the sake of industrial growth. In CWP No. 21572 of 2011 (Rohtas & Ors. vs. State of Haryana & Ors.) decided on 04.09.2013, we have viewed that the ''dwelling unit'' in such like cases is referable to the right to live with dignity within the meaning of Article 21 of the Constitution. Consequently, the acquisition qua the land of petitioners in CWPs No. 4369 & 4370 of 2004 (O&M) is hereby quashed.
The petitioners in CWPs No. 5832 & 3015 of 2004 (O&M) have admittedly set up the industrial units/godown much before the commencement of acquisition process.
Since the land has been acquired for expansion of Industrial Estate, it appears to us that the retention of the petitioners'' industries at the sites would not violate and rather would be in conformity with the zoning plan of the area. It seems that these industries etc. are the only source of livelihood of petitioners'' family and it may not be just or equitable to uproot them for the purpose of purported development of the area for the same very purpose for which they are utilizing the subject-land.
However, to the extent a small part of the open space of the petitioners, if needed for widening of the road and/or for any other public utility, to that extent the acquisition must sustain. Consequently, writ petitions bearing CWPs No. 5832 & 3015 of 2004 (O&M) are also allowed to the extent that the acquisition qua the structures of the ''industrial units'' or the godowns is hereby quashed. As regard to the open space, the respondents may utilize the same to the extent it is needed for the construction of public utilities like road etc. and the remaining vacant portion may be released. Appropriate orders in this regard shall be passed within 4 months after receipt of certified copy of this order.
We may hasten to add that the residential properties have been directed to be released from acquisition though the acquired land is to be developed as an Industrial Area, for the reason that we are informed that the petitioners'' houses are not isolated one and are a integral part of residential locality which has been developed unauthorisedly . It is specifically stated that the other residential houses have been released/exempted from the acquisition. There is thus no rhyme or reason to acquire the residential houses of petitioners alone.
Ordered accordingly.