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The Punjab and Haryana High Court has taken a strong stance against the concerning collaboration between builders and the Department of Town and Country Planning in Haryana. To address this issue and prevent the registration of sale deeds for acquired land in the future, the court has issued explicit directives to the Chief Secretary (CS) of Haryana.
The court's instructions to the CS are clear and purposeful. Firstly, the CS is tasked with requisitioning reports related to acquired land. These reports are instrumental in assessing the status of land acquisitions accurately. Secondly, the CS is mandated to issue specific directives to the Department of Revenue. These directives are intended to expedite the updating of relevant revenue records. This updated information is crucial for maintaining precise ownership and status details of acquired land.
Moreover, the court emphasizes the importance of sharing this information transparently with all registrars and sub-registrars operating within Haryana. This measure aims to establish transparency and accountability within land transactions, effectively preventing any unlawful registrations.
Additionally, the Chief Secretary has been entrusted with initiating an in-house inquiry. This inquiry will scrutinize the granting of licenses to private builders and petitioners for the development of residential colonies on government-owned land. Its aim is to uncover any irregularities or misconduct in the licensing process.
The court makes it unequivocally clear that if the inquiry reports reveal any indications of criminal offenses, the government should proceed promptly with appropriate criminal proceedings against those found responsible. This underscores the gravity of addressing corruption and misconduct in land acquisition and development.
The court's directives extend to a specific investigation into the registration of a sale deed for acquired land in favour of Ansal Township Infrastructure and others in the Badshahpur area of Gurgaon. This investigation is intended to unearth any potential irregularities or unauthorized transactions tied to this particular case.
In response to a plea filed by Anshal Township Infrastructure Ltd and others, the court has taken a decisive stance. It has rejected the petitioner's request for the denotification of land under Section 101-A and the policy dated September 14, 2018.
The background of this case centres on the state government's initiation of the land acquisition process, citing urgency for constructing the Badshahpur drain in Gurgaon's Badshahpur village. Notifications for land acquisition were issued on March 1 and March 26, 1971. Subsequently, after the award was granted, the state legally acquired the land.
However, the petitioner company purchased the land in 2008, nearly 37 years after the legal termination of the acquisition proceedings. Subsequently, in 2010, they secured the necessary licenses from the Department of Town and Country Planning Haryana for developing colonies on this land.
The petitioner's claim rested on their assertion that they were unaware of the acquisition proceedings at the time of land purchase. They sought directives for the denotification of the land based on Section 101-A of the Act of 2013 and the policy dated September 14, 2018. Their argument contended that the land was no longer viable or essential for the originally intended public purpose, as it remained unused for over five decades.
Nevertheless, the High Court dismissed the petitioner's plea, emphasizing that any sale deeds used to establish ownership over the land were void ab initio. This was due to the fact that the original landowners had been legally disempowered from executing such deeds following the lawful termination of acquisition proceedings.
In summary, the directives issued by the Punjab and Haryana High Court reflect a robust effort to combat corruption and irregularities in land acquisition and development. These orders underscore transparency, accountability, and the potential for criminal proceedings against those involved in wrongful actions. This proactive approach aims to preserve the integrity of land transactions and uphold the public interest in land-use planning.
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