Following orders from the Supreme Court (SC) to stop construction on a 673-acre area of the Kalka-Pinjore Urban Complex, DLF has to halt its construction activity in the complex. The land in question comprises Sector 2, 3, 4 and 5 of Kalka-Pinjore Urban Complex.
DLF and IREO are the top builders who have land in the area, but DLF had initiated the construction. Even the Haryana Urban Development Authority (HUDA) has to stop its construction activity on the land in question.
The department of urban estates, Hayana has written to the town and country planning department for implementing the apex court's orders.
The SC directions came on a special leave petition filed by villagers of Islamnagar, including Ravinder Singh, challenging the Punjab and Haryana high court judgment dated April 6, 2010, wherein the high court had dismissed the villagers' petition challenging the land acquisition.
Coming down heavily on Haryana government during the resumed hearing on April 19, the division bench comprising justice GS Singhvi and justice Sudhansu Jyoti Mukhopadhaya, ordered, "We are prima facie of the view that the entire acquisition proceeding deserves to be quashed. However, before passing any order in that regard, we deem it proper to order impleadment of all the persons, in whose favour land was released at different stages as parties to the special leave petitions."
The bench added that to avoid further complications in the matter, Haryana government, its functionaries and the builders were directed not to undertake further constructions.
As per the order, a notification under Section 4 of Land Acquisition Act, 1894, was issued on September 26, 2007 for the acquisition of 809.74 acres of land. The declaration under Section 6 was issued on September 25, 2008 for 673.29 acres of land and the award was passed for 372.388 acres of land. Even after passing of the award, 72.3 acres of land was released from acquisition.
"The lists of the persons in whose favour land was released show that most of them are builders or their collaborators. This gives an impression that in guise of acquiring land for public purposes, ie, development in some of the sectors in Panchkula by the Haryana Urban Development Authority, the state government misused the provisions of the 1894 Act for the benefit of private companies and builders without complying with the procedure prescribed under Chapter 7 of the Act," the order said.
The apex court even commented, "The officer who filed the affidavit before the high court had deliberately omitted to place the facts and the records in correct perspective and, thereby, respondents (Haryana government departments) had succeeded in misleading the High Court."