‘Proxy litigator’ DLF to cough up Rs 5 lakh costs

Tribune News Service

Saurabh Malik

Chandigarh, December 20

More than 24 years after 952.18 acres in the revenue estate of Saketri and Bhainsa Tibba villages in Panchkula district were notified for acquisition to develop residential, commercial and institutional sectors in Sukhna Lake’s vicinity, the Punjab and Haryana High Court has dismissed the pleas challenging the notification with Rs 50,000 costs. The amount is to be borne in each of the 10 writ petitions by “proxy litigator” –– DLF Ltd, taking the total figure to Rs 5 lakh.

Attempt to spread tentacles over land

• 952.18 acres in Bhainsa Tibba, Saketri villages in Panchkula were notified for acquisition
• Court said collaborator was trying to spread tentacles over land at hidden bigwigs’ behest

The Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari ruled that the costs imposed on the proxy litigator were to curb the “ill-exercise” embarked upon by it for “achieving the ill-purpose of land-grabbing”.

“The most predominant public purpose sought to be accomplished through bringing the petition land to acquisition was/is to plan low-density urban development, keeping in view the fact that the acquired land falls around the capital periphery, near Sukhna Lake. Therefore, the alleged legitimate expectation of a private individual cannot curtail the right of the sovereign to exercise its power of eminent domain to achieve the requisite public purpose. A private individualistic interest has to surrender and give way to a public cause, which enjoys predominance there over,” Justice Tiwari asserted.

Going into the background of the matter, Justice Tewari observed that the petitioners collaborated with DLF and had challenged the acquisition proceedings. The state of Haryana, taking into consideration the maintenance of ecological and environmental balance around Sukhna Lake, gave a specific undertaking before the court in the initial round of litigation that it was imperative to acquire potential area in the periphery of Shri Mata Mansa Devi Urban Complex (MDC) for planned low-density urban development. The state also undertook to develop a larger area as green and recreational space in accordance with the development plan. Complying with the undertaking, the state prepared a development plan and acquired land through various notifications for planned development of Sector 1, 2, 3, 5B, 5C and 6, MDC, Panchkula. In Sector 1, a Gymkhana Club building, a power house, Rajiv Gandhi Park (partly) and Paradise Park were constructed and a waterworks site was under construction. However, the land use of Sector 1 was changed from “area reserved for IT use” to “open space zone” to protect the lake’s watershed area.

Justice Thakur said the court deprecated the instant proxy litigation(s) sponsored by the collaborator concerned.

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