THE CASE FILES

Around 850 acres of land was proposed to be acquired in 2002 for residential and commercial sectors in Rohtak by Haryana Urban Development Authority (Huda). However, the award was passed for around 422 acres in April 2005. A realtor, Uddar Gagan Properties Limited, in March 2005 entered into collaboration agreements with some farmers, whose land was under acquisition for development of a colony. The developer had applied for a licence to develop a colony on land covering around 280 acres. The licences were granted by the town and country planning director in June 2006 and the corresponding land was released from acquisition. The licences were addressed to the owners but remitted to the builder. This was followed by execution of sale deeds in favour of the builder through power-of-attorney holder of the land owners. Upholding the land acquisition process, an SC bench of Justice Anil R Dave and Justice Adarsh Kumar Goel in its May 13, 2006 judgment had ordered that land will vest in Huda free from all encumbrances.

The SC said that all land-release orders in favour of the builder in respect of land covered were quashed. “Consequently, all licences granted in respect of the land covered by acquisition will stand transferred to Huda,” the court had stated. The SC had also asked the state government to inquire into the legality and bona fides of the action of the persons responsible for illegally entertaining the applications of the builder and releasing the land to him.