M A I N N E W S HC jolt for DLF Cyber City, Haryana govt

Saurabh Malik

Tribune News Service Chandigarh, October 1

Haryanas action of favouring DLF by acquiring land for its Cyber City project in Gurgaon today failed to click with the Punjab and Haryana High Court. Dubbing the action an act of fraud on the public, a Division Bench not only quashed the acquisition notification of 2003, but also the conveyance deed between the state and DLF for transfer of acquired 19 acres, 4 kanals and 5 marlas in Nathupur village in Gurgaon. The land stands reverted to gram panchayat; and construction, if any, raised by the DLF may be removed at their discretion, Justice MM Kumar and Justice Jitendra Chauhan ruled. The Bench asserted: Profit making by the state cannot be resorted to by adopting a totalitarian approach, firstly by depriving the gram panchayat a valuable piece of land at a throwaway price and then handing it over to the DLF for a whopping profit of more than Rs 47 crore. Coming down heavily on the state, the Bench ruled: The events, facts and circumstances do not leave much to imagination. It is patent the land in question has been acquired on the pretext of a public purpose of setting up a Cyber City with the real object of handing it over to DLF on account of their wish and desire. Such an action of the state amounts to colourable exercise of power and is fraudulent. It is evident from the record DLF applied for setting up Cyber City on measuring over 70 acres. The land was sufficient to meet the modified norms of 50 acres as against the earlier norms of 100 acres. The norm was re-fixed and the DLF could have easily been granted licence for establishing the Cyber City. The process of acquisition of land in 2003, which culminated in the announcement of award dated February 9, 2004, is nothing else but an act of arbitrary exercise of power and distribution of state largesse to please a private company in total negation of law. The reason for acquisition of land and then handing it over to DLF appears to be that the land is appurtenant to national highway and extremely valuable. The DLF wanted to grab it and having failed to purchase it from the gram panchayat by private negotiation, it had suggested to the government vide letter dated May 27, 2004, that the land be acquired as they required the land for services. From the communication dated May 27, 2004, another mode of grabbing the land was also suggested, namely, obtaining allotment from the gram panchayat probably by way of a gift. Therefore, acquisition of land in question is mala fide and an act of fraud on the public. The directions came on a petition filed by Mir Singh and another against acquisition proceedings and conveyance deed dated August 4, 2006, for transfer of acquired land for a consideration of approximately Rs 51 crore. The Bench concluded: The state may recover the amount of award Rs. 3,91,13751.85 from gram panchayat, Nathupur, now, Gurgaon MC, and refund Rs 51,00,30,000 to DLF. Meanwhile, a DLF spokesman said: Our legal experts will study the order and we are confident about the merits of our case. We will follow the advice of our experts on the further course of action. Chandigarh, October 1

Haryanas action of favouring DLF by acquiring land for its Cyber City project in Gurgaon today failed to click with the Punjab and Haryana High Court. Dubbing the action an act of fraud on the public, a Division Bench not only quashed the acquisition notification of 2003, but also the conveyance deed betw-een the state and DLF for transfer of acquired 19 acres, 4 kanals and 5 marlas in Nathupur village in Gurgaon. The land stands reverted to gram panchayat; and construction, if any, raised by the DLF may be removed at their discretion, Justice MM Kumar and Justice Jitendra Chauhan ruled. The Bench asserted: Profit making by the state cannot be resorted to by adopting a totalitarian approach, firstly by depriving the gram panchayat a valuable piece of land at a throwaway price and then handing it over to the DLF for a whopping profit of more than Rs 47 crore. Coming down heavily on the state, the Bench ruled: The events, facts and circumstances do not leave much to imagination. It is patent the land in question has been acquired on the pretext of a public purpose of setting up a Cyber City with the real object of handing it over to DLF on account of their wish and desire. Such an action of the state amounts to colourable exercise of power and is fraudulent. It is evident from the record DLF applied for setting up Cyber City on measuring over 70 acres. The land was sufficient to meet the modified norms of 50 acres as against the earlier norms of 100 acres. The norm was re-fixed vide notification dated September 2, 2002, and the DLF could have easily been granted licence for establishing the Cyber City. The process of acquisition of land in 2003, which culminated in the announcement of award dated February 9, 2004, is nothing else but an act of arbitrary exercise of power and distribution of state largesse to please a private company in total negation of law. The reason for acquisition of land and then handing it over to DLF appears to be that the land is appurtenant to national highway and extremely valuable. The DLF wanted to grab it and having failed to purchase it from the gram panchayat by private negotiation, it had suggested to the government vide letter dated May 27, 2004, that the land be acquired as they required the land for services. From the communication dated May 27, 2004, another mode of grabbing the land was also suggested, namely, obtaining allotment from the gram panchayat probably by way of a gift. Therefore, acquisition of land in question is mala fide and an act of fraud on the public. The directions came on a petition filed by Mir Singh and another against acquisition proceedings and conveyance deed dated August 4, 2006, for transfer of acquired land for a consideration of approximately Rs 51 crore. The Bench concluded: The state may recover the amount of award Rs. 3,91,13751.85 from gram panchayat, Nathupur, now, Gurgaon Municipal Corportion, and refund Rs 51,00,30,000 to DLF. The petitioners shall be entitled to their cost, which is quantified at Rs. 50,000, which shall be borne by the state and DLF equally. Reacting to the verdict, a DLF spokesman said: Our legal experts will study the order and we are confident about the merits of our case. We will follow the advice of our legal experts on the further course of action.