STATE OF HARYANA & ORS. versus NIRANJAN SINGH & ORS. ETC

Citation: [2023] 3 S.C.R. 18 · Decided: 24-02-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off

Cited by 3 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 3 S.C.R.
   [2023] 3 S.C.R. 18
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STATE OF HARYANA & ORS.
v.
NIRANJAN SINGH & ORS. ETC.
(Civil Appeal Nos. 1347-1349 of 2023)
FEBRUARY 24, 2023
[M. R. SHAH AND C. T. RAVIKUMAR, JJ.]
Land Acquisition: Land acquisition proceedings – Releasing
of acquired land – Large chunk of area acquired for development
and utilisation of land as residential and commercial area – Major
portion of the land released between the stage of Notification and
the award and after the award – Only small plots of land acquired
– Writ petition by the land owners challenging the same –
Landowners granted liberty to file a representation before the
authorities – Representation seeking release of their acquired land
on parity with the similarly situated landowners whose land was
released by the State dismissed – However, in writ petitions, the
High Court directed release of the land belonging to the land owners
from the acquisition – On appeal, held: Action of the appellants in
releasing the lands initially in favour of influential persons and,
thereafter, on the basis of various orders passed by the High Court
which were never challenged demonstrates the arbitrary exercise
of powers by the appellants in releasing the acquired lands which
as such required for the public purposes – Consideration for future
needs and expansion is to be taken into consideration – Except the
small portion/plot in question, all other major chunk of the land,
have been released either by the State on its own and/or pursuant
to the orders passed by the High Court – Land was acquired in the
year 1987 but has not been used for the public purpose for which
it was acquired – Thus, the High Court rightly quashed the
acquisition proceedings and directed its release – However, land
which has already been put to use for sewage lines, the land which
is needed for the purpose of widening of the road may not be
released and High Court ought not to quash acquisition proceedings
in respect of such lands – High Court erred in directing for the
release of remaining lands acquired – Order passed by the High
Court set aside.
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Judicial deprecation: Land acquisition proceedings –
Releasing of acquired land – Lands acquired for the utilization and
development as residential and commercial area to develop new
sectors by the urban development authority – Acquired lands
released from time to time during the stages of the acquisition
proceedings – Lands released by the State Government initially in
favour of the influential persons and thereafter pursuant to the
various orders passed by the High Court which were never
challenged by the State – Held: Is highly depreciable – It
demonstrates the arbitrary exercise of powers by the State in
releasing the acquired lands which as such required for public
purposes – State Government is guardian of the public interest and
the public – Public interest was required to be considered the
paramount interest rather than releasing the lands at initial stage
in favour of the influential persons.
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.1347-
1349 of 2023.
From the Judgment and Order dated 09.04.2021 of the High Court
of Punjab and Haryana at Chandigarh in CWP Nos.6729, 16346 of 2013
and 10452 of 2014.
Alok Sangwan, A.A.G., Sumit Kumar Sharma, Rajat Sangwan,
Dr. Monika Gusain, Gaurav Agrawal, Sahil Tagotra, Abhivyakti Banerjee,
Advs. for the Appellants.
Neeraj Kumar Jain, Narender Hooda, Sr. Advs., Aabhas
Kshetarpal, Siddhartha Jha, Ms. Priyambika Mk Jha, Sachin Jain, Rajiv
Ranjan Dwivedi, Dr. Surender Singh Hooda, Aditya Mishra, Shaurya
Lamba, Aditya Hooda, Ms. Bano Deswal, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned common
judgment and order dated 09.04.2021 passed by the High Court of Punjab
and Haryana at Chandigarh in CWP No. 16346/2013, CWP No. 6729/
2013 and CWP No. 10452/2014, by which, the Division Bench of the
High Court has allowed the said writ petitions and has set aside the
action of the State in declining prayer of the original writ petitioners –
original land owners for release of their respective acquired land(s) and
STATE OF HARYANA & ORS. v. NIRANJAN SINGH & ORS.
ETC.
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consequently, has directed to release their respective acquired land(s)
from acquisition, the State of Haryana and others have preferred the
present appeal

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