The Punjab and Haryana high court has restrained Delhi Land and Finance (DLF) developers from carrying out any construction on around 278 acres of land in Wazirabad village in Gurgaon district. The court has also disallowed the land developer from transferring or selling the property - on which DLF is setting up its project 'Magnolias' - to any third party.
The division bench comprising acting chief justice Jasbir Singh and justice Rakesh Kumar Jain, on Monday, also directed the state government to place on record the documents with regard to terms and conditions, and transfer of land to DLF by the state. DLF's counsel has sought time from the bench to file the reply.
The public interest litigation filed by villagers Raj Kumar and Nahar Singh had challenged the state government's decision of acquiring forest land measuring around 278 acres in 2003 for "public purpose" and later in 2010 handing it over to DLF developers for construction and sale of golf villas.
The petitioners had apprised the bench that after acquiring the land in "collusion" with the state government at Rs 12,000 per sq metre, DLF was "selling the golf villas between Rs 19,000 to Rs 22,000 per square foot.
On Monday, the bench asked Haryana advocate general Hawa Singh Hooda: "How can you acquire land and further hand it over to DLF?" To this the advocate general submitted: "Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) had acquired the land in 2003. In 2006, the award was given to the villagers and in 2009 DLF got the land through bidding process and it was not a case of transfer."
The petitioner, however, had contended that though major chunk of disputed village panchayat land was a notified forest area as per the forest department record, no permission from the competent authority had been taken in the present case.
The petitioners had argued that under provisions of the Forest Conservation Act, 1980, no forest land could be used for non-forest purposes without prior permission from the union ministry of environment and forest.
DLF's counsel also informed the court that the Haryana government had approached Supreme Court for seeking clearance on the project and the apex court had appointed a committee to check the environmental issue and decision on it was awaited. The bench has adjourned the case to August 28.