The Punjab and Haryana high court has restrained Delhi Land and Finance (DLF) developers from carrying out any construction activity on around 278 acres of land in Wazirabad village in Gurgaon district and also from creating any third party rights.
The construction company is coming up with Golf Villas at the site by the project name 'Magnolias'. Creation of third party rights means to transfer or sale the property to a third person/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 also sought some time from the bench to file their 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 getting the land in collusion with the state government just at the rate of Rs 12,000 per sq mtr, DLF is selling the Golf Villas at the rate varying between Rs 19,000 to Rs 22,000 per sq feet.
During the hearing of the case, on Monday, the bench asked the Haryana advocate general Hawa Singh Hooda, "How can you acquire land and further hand it over to DLF?" Answering the question, the advocate general submitted, "Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) had acquired the land in 2003. In 2006 award was given to the villagers and in 2009 DLF got the land through bidding process and it was not a case of transfer."
However, appearing for the petitioners, advocate Inder Pal Goyat had contended that under provisions of the Forest Conservation Act, 1980, no forest land can be used for non-forest purposes without prior permission of the union ministry of environment and forest. He further added that DLF had already bagged a major land deal of surrounding area through state agencies and was given licences to operate Golf Course and Club building in area spanning around 80 acres.
DLF's counsel also informed the court that the Haryana government had approached the Supreme Court for seeking clearance on the project and the Apex Court had appointed a committee to check the environmental issue and decision on the same was awaited.
The bench adjourned the case for next hearing on August 28.