Manesar land case: Ready to pass deemed award where collaboration agreements executed, Haryana tells SC

The Haryana government has told the Supreme Court that it has decided to pass deemed award with respect to land parcels in Manesar where collaboration agreements

The Haryana government has told the Supreme Court that it has decided to pass deemed award with respect to land parcels in Manesar where collaboration agreements were executed between August 27, 2004 and January 29, 2010.

An affidavit saying this was e-filed by the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) before the top court.

“Since an application has already been filed by the HSIIDC seeking clarification qua these very parcels of land, the state government will abide by the court’s decision in this regard,” the affidavit said.

The SC is hearing the prayer seeking clarification whether its 2018 judgment in the Manesar land release case would also cover land parcels purchased prior to the date of Section 4 notification of Land Acquisition Act on August 27, 2004, but transferred by the landholders during the August 27, 2004 to January 29, 2010 period by way of collaboration agreements in favour of other parties and whether they will form part of the deemed award ordered by the top court.

Collaboration agreements executed during 2004-10

The affidavit filed by HSIIDC said there were three cases where land was purchased before August 27, 2004 but collaboration agreements were executed during August 27, 2004 to January 29, 2010 period in favour of other parties. The land, about 42 acres, collectively belonged to three real estate developers — Paradise Systems Pvt Ltd, Frontier Home Developers and Karma Lakeland Pvt Ltd.

“Since it was uncertain whether such lands would be covered by the 2018 judgment and whether such collaboration agreements also be construed as transfer of land, an interlocutory application was filed seeking clarification from the Supreme Court,” the affidavit reads.

Besides, about 14 acres of two developers – RP Estates Pvt Ltd (licence given in 2009) and Subros Ltd (licence given in 2008) formed part of the Section 6 notification of August 25, 2005.

“The land of Subros was released in principle by the state government in 2007 on the basis of the decision of the ministers’ committee. RP Estates was the owner of land prior to Section 4 notification and continued to be so from August 27, 2004 to January 29, 2010. Since there was no sale transaction with respect to the land of Subros and RP Estates during August 27, 2004 to January 29, 2010, these parcels were not part of the deemed award of November 26, 2018. There was neither change of ownership nor any collaboration agreement,” the affidavit said.

What the apex court ordered

• A CBI probe in 2015, setting aside the August 24, 2007 decision of the previous Congress regime to drop acquisition proceedings for 688 acres of Manesar and adjoining villages.
• Held the August 24, 2007 decision as an exercise of fraud on power.
• Directed that an award is deemed to have been passed on August 26, 2007 in respect of lands which were covered by declaration under Section 6 and which were transferred by the landholders during August 27, 2004 to January 29, 2010.
• The land which was not transferred by landholders during this period is not governed by these directions.
• 688 acres will vest in HSIIDC and all licences granted in respect of lands covered by the deemed award of August 26, 2007 will stand transferred to it.