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Judgment
VIKAS BAHL, J. (ORAL)
CM-14697-CWP-2026
This is an application under Section 151 CPC on behalf of the petitioner to withdraw the present writ petition with a direction for release of statutory compensation and all consequential benefits.
The prayer in the main writ petition was as follows:
“CIVIL WRIT PETITION under Articles 226 and 227 of the Constitution of India, praying for the issuance of a Writ in the nature of Certiorari seeking quashing of the impugned alignment of the proposed Sector dividing road between Sectors 78 & 80 depicted in final drawing No. DTP (G) 1520/2006 dated 14.11.2006 (Annexure P-6) of the final development plan for the Gurgaon Manesar Urban Complex-2021 succeeded by subsequent Drawing No. DTP (G) 2104/2012 dated 09/11/2012 (Annexure P-7) of the final development plan for the Gurgaon Manesar Urban Complex- 2031. AND CIVIL WRIT PETITION under Articles 226 and 227 of the Constitution of India, praying for the issuance of a Writ in the nature of Certiorari seeking quashing of the impugned notifications issued under Section 4 dated 07.08.2013 (Annexure P-9) and Section 6 dated 31.07.2014 (Annexure P-11) of the Land Acquisition Act, 1894 by the Respondent No. 1 as being illegal, arbitrary, discriminatory, unjust, in the teeth of the provisions of the said Act, in violation of Article 14 of the Constitution of India as well as the principles of natural justice and, thus, liable to be set aside in the interest of justice, equity and fair play. AND/OR Issuance of a writ in the nature of mandamus, directing the respondents to consider the feasibility of realigning the said proposed Sector dividing road between Sector 78 & 80 as per the realignment proposed by the petitioner vide the google Map plan, Annexure P-13 or any other route saving the factory unit of the petitioner. AND/OR Issuance of a writ in the nature of mandamus, or any other writ, order or direction as this Hon'ble Court deems appropriate, directing the Respondents to release the land of the petitioner company from the array of the compulsory acquisition process initiated against it, under the provisions of Section 48(1) of the Land Acquisition Act, 1894 in terms of the policy dated 24.01.2011 (Annexure P-15) framed by the Respondents, in the interest of justice, equity and fair play. AND/OR Issue any other appropriate writ, order or direction that this Hon'ble Court may deem fit in the circumstances of the present case.”
Learned counsel for the petitioner-applicant has very fairly submitted that subsequent to the filing of the present writ petition, there have been substantial change in circumstances and the petitioner has established and shifted its industrial operations to its new manufacturing facility at MET City, Jhajjar, and is no longer carrying out industrial activities from the land which forms the subject matter of the writ petition and consequently the foundation on which the writ petition was instituted, no longer survives. It is further submitted that the petitioner does not wish to pursue the challenge raised in the writ petition and seeks to withdraw the writ petition with a direction to the competent authority to disburse the compensation payable to the petitioner along with all statutory benefits in a time bound manner. Learned counsel for the petitioner has referred to the order dated 21.02.2024 passed by the Hon’ble Supreme Court in Civil Appeal Nos.5947-5948 of 2022 and has highlighted the relevant portion of the said order, which reads as under:
“Learned senior counsel appearing for the respondents submitted that they do not wish to contest the matter on merits and, therefore, there is no need for remitting it to the High Court for fresh consideration, particularly, in view of the law laid down in the case of Deepak Aggarwal and Ors.(supra). It is further submitted that the compensation as awarded by the learned District Collector may be permitted to be withdrawn. In view of the submission made, the amount is directed to be disbursed to the respondents within a period of 12 weeks.”
Learned counsel for the petitioner has further submitted that although the award with respect to the other acquired land has been announced but the award has not been passed qua the petitioner in view of the present pending petition. It is prayed that in the said circumstances, the respondents-authorities be directed to pass the award qua the land of the petitioner after giving due opportunity of hearing to the duly authorized representative of the petitioner.
Learned State counsel has very fairly submitted that with respect to the other landowners, the award has been passed on 29.07.2016 giving determination of compensation under the new Act. It is further submitted that the award qua the land of the petitioner would be passed as expeditiously as possible preferably within a period of three months from today after giving due opportunity of hearing to the authorized representation of the petitioner.
Keeping in view the abovesaid facts and circumstances, CM No.14697-CWP of 2026 is allowed.
Main case
The petitioner is permitted to withdraw the present petition and respondent No.2-Land Acquisition Collector is directed to pass the award with respect to the land of the petitioner, which is the subject matter of the present litigation, as expeditiously as possible preferably within a period of three months from the date of receipt of certified copy of the present order, after giving due opportunity of hearing to the authorized representative of the petitioner-company.