Observing that the state of Haryana had acted with bias and malice to show favour to DLF Universal Ltd, the High Court, on Friday, directed the state government to take back from DLF land measuring 19 acres, 4 kanals and 5 marlas in Nathupur village of Gurgaon district, which was acquired by the state and transferred to the builder for setting up a cyber city.
The court further directed the state government to return the land to the gram panchayat of Nathupur, now part of the Gurgaon Municipal Corporation. A division bench comprising Justice M.M. Kumar and Justice Jitendra Chauhan also asked the state to recover the award amounting to Rs 3.91 crore from the gram panchayat and refund an amount of Rs 51 crore to DLF. It said that if DLF had raised any construction on the said land, it should be removed at its discretion.
The directions were issued on a petition filed by Mir Singh and others of Nathupur village, who had challenged the land acquisition proceedings on the grounds of fraud.
The petitioners had brought to the notice of the court that Haryana had been acquiring land under the garb of public purposes, but for the benefit of private companies dealing in real estate.
“The petitioners shall be entitled to their cost, quantified at Rs 50,000, which shall be borne by the respondent state and DLF equally,” said the bench.
The bench observed that the petitioners had stated that they came to know about a conveyance deed dated August 4, 2006, for a sum of Rs 51,00,30,000 which had been executed between Haryana and DLF in respect of the land in question, whereby the land stood transferred in favour of DLF for a cyber city. “In this manner, the land which was acquired by the respondent state by paying a compensation of Rs 3,91,13,751.85 for a public purpose stood transferred in favour of DLF at a huge profit of more than Rs 47 crore,” the court observed.
The bench quashed the state notification issued under Section 4 of the Land Acquisition Act, 1894, dated January 3, 2003, and declaration under Section 6 of the Act dated June 12, 2003, along with all consequential proceedings, as sought by the petitioners. It also quashed the conveyance deed dated August 4, 2006, executed between Haryana and DLF regarding the transfer of the acquired land.