State depriving people of development: Nuh landowners

Saurabh Malik

Tribune News Service

Chandigarh, April 25

Nearly two years back, the Manohar Lal Khattar-led BJP government laid out the roadmap for the state’s development. But petitions filed in the Punjab and Haryana High Court by Nuh landowners have brought the claims of progress under a cloud.

Questioning the de-notification of land nearly nine years after the initiation of the acquisition process, the petitioners have claimed that the state administration was revengefully holding on to backwardness where the locals had failed to serve the government’s oblique motives.

Taking up a bunch of about 10 petitions by Shamsher Singh Malik and other petitioners, Justice Rajesh Bindal and Justice Harinder Singh Sidhu issued notice of motion for May 16 to the state and two other respondents.

The petitioners claimed the authorities concerned in the state government had lost the right to govern for “not being true to their oath and also for their failure in doing their moral duty while raising the big slogan of development and urbanisation to misguide the citizens.”

They contended the state administration was revengefully depriving the people of their right to development in areas where the Opposition had succeeded, the local leader was not to its liking or the people were not serving the oblique motives of the present government.

“The Executive is working with all its strength to achieve the malafide motives of political/legislative bosses,” the petitioners contended.

Claiming the absence of planned development for the entire district headquarters of Mewat, they submitted that a draft development plan was notified in September 2006. But till date, licence was not granted to any private developer in any of the residential sectors.

They added that the HUDA Act made it apparent that the state was duty bound to provide residential facilities. As such, its action of de-notifying the acquired land was contrary to that objective.

Going into the background, the petitioners submitted that the notification dated August 12, 2009, under Section 4 of the Land Acquisition Act was issued for development of residential and commercial Sectors 1, 2 and 9 in Nuh. The area involved was over 184 acres.

The Land Acquisition Collector assessed the market value of the acquired land at Rs 43 lakh per acre before its possession was taken.

The initial compensation was paid but eventually, the reference court assessed its market value at Rs 1,85,14,286 per acre.

Execution was filed by the landowners. Acting on an appeal, the High Court ordered release of 80 per cent of the enhanced compensation.

The state’s Special Leave Petition (SLP) against the order was dismissed and the properties of “judgment debtors” were attached by the executing court.

The state in an affidavit said it was not withdrawing the acquisition. An auction was ordered and rescheduled more than once. Finally on March 31, the state de-notified the acquired land on the ground of financial non-viability.