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- SC stays HUDA’s Pinjore project
New Delhi, April 19
The Supreme Court today stayed construction in the Pinjore-Kalka urban complex project of HUDA.
A Bench comprising Justices GS Singhvi and SJ Mukhopadhaya passed the order on a petition filed by some of those whose land had been acquired for the project. It is not clear whether the stay pertains to construction in all sectors or some of the sectors as the order is not available immediately.
Haryana’s Additional Advocate-General (AAG) Manjit Singh confirmed that the Bench had passed the stay order.
Under the HUDA project, 31 new sectors were to be developed in the 476-acre urban complex, including residential, commercial and industrial areas, on both sides of the national highway No 22 between Pinjore and Kalka.
On March 12, 2012, the Bench had directed the Principal Secretary at Haryana’s Urban Estates Department to file an additional affidavit within four weeks giving all details of the project.
“We have gone through the affidavit filed by the AAG and found that the same is laconic in all respects. Therefore, we direct the Principal Secretary concerned to file further affidavit within four weeks incorporating therein the dates on which private companies/builders/developers in whose favour land was released at various stages of acquisition, the details of the Board of Directors of the companies, the dates on which they purchased land from the owners and the dates on which their names were recorded in the jamabandis or other revenue records. The affidavit shall also indicate whether private companies/builders/developers had filed objections under Section 5A and, if so, what were the recommendations made by the Land Acquisition Officer on those objections.”
The Bench had also asked the officer concerned to explain as to why the provisions of the Land Acquisition Act were not complied with for the purpose of acquiring land for the benefit of private companies.
“The details of the collaboration agreement entered into by builders with landowners be also given with the affidavit as also copies of the collaboration agreements ,” the apex court had ordered.CommentQuote1Flag
- SC: Quash land acquisition for Pinjore-Kalka project
SC: Quash land acquisition for Pinjore-Kalka project
New Delhi, April 29
Pointing out serious irregularities in the implementation of the Pinjore-Kalka Urban Complex project of the Haryana Urban Development Authority (HUDA), the Supreme Court has ruled that it was “prima facie of the view that the entire (land) acquisition proceeding deserves to be quashed.”
“The list of the persons in whose favour land was released shows that most of them are builders or their collaborators. This gives an impression that in the guise of acquiring land for public purpose -- that is development of some of the sectors in Panchkula by HUDA, -- the state government misused the provisions of Land Acquisition Act, 1894 for the benefit of private companies and builders without complying with the procedure prescribed under the Act,” a Bench comprising Justices GS Singhvi and SJ Mukhopadhaya has noted.
The Bench made the castigating remarks while stopping “all the ongoing construction activities” relating to the project.
The apex court, however, clarified that before passing any order quashing the acquisition of land for the project, it wanted to hear the views of all those in whose favour land was released. For this purpose, it named them as parties to an appeal filed by some of the affected landowners, including Ravindra Singh.
“With a view to avoiding further complications in the matter, we direct the State of Haryana and its functionaries and also the impleaded respondents not to undertake further constructions on the land which was acquired vide notification dated 26.9.2007 read with the declaration dated 25.9.2008. This would mean that all the ongoing construction activities shall be stopped forthwith,” the apex court order said.
The state government had issued the 2007 notification for acquiring 809.74 acres of land.
The SC also noted that the state government had “deliberately omitted to place the facts and the records in correct perspective” before the Punjab and Haryana High Court and thereby “succeeded in misleading the HC” to dismiss the pleas of the affected land owners. Under the HUDA project, as many as 31 new sectors were to be developed covering residential, commercial and industrial areas, on both sides of National Highway 22 between Pinjore and Kalka.CommentQuote1Flag
- Can any member clarify that whether or not , DLF and Ireo plots which were launched in the last one year also falls in the same area as I understand those are just in front of HMT PinjoreCommentQuote0Flag
- After going through another link in this forum, its clear that DLF and Ireo are involved in this issue. Very sad affair on the part of the authorities and individual investors has to face the consequences of these actions
This is the link
DLF has to stop construction in Pinjore on SC orders - Hindustan TimesCommentQuote0Flag
- Acquired land not transferred to builders, but retained by HUDA: Town Planning Dept
Tribune News Service
Chandigarh, May 1
The Town and Country Planning Department, Haryana, has clarified that the land acquired by it is not transferred to builders or developers for development of colonies. Instead, it is always retained by the Haryana Urban Development Authority (HUDA) and utilised for the public purpose defined in the notification after development, stated TC Gupta, Special Secretary, Town and Country Planning Department.
He was responding to the SC observation on the Pinjore-Kalka project published in The Tribune on Monday. Gupta added that as per the policy framed on the intervention of the High Court in October 2007, and, later, slightly modified, the government could consider excluding land, purchased or was in the ownership of a developer or individual applicant, prior to issuance of Section 4 notification of the Land Acquisition Act from acquisition proceedings. This was only true in cases where the application otherwise fulfils all parameters for grant of licence.
Gupta stated that the state government was taking decisions on grant of licences and to exclude the land from acquisition proceedings in accordance with this policy.
As far as the grant of licence to the private developers is concerned, the land is always purchased by the developers from farmers at the mutually agreed price before the licence application is submitted, he added.
Under the Haryana Development and Regulation of Urban Areas Act, 1975, the licence is granted only to the owners of the land and this ownership is not on account of transfer of land from HUDA or the government.
In cases where the individual owners do not want to part with their land but intend to seek permission or licence, the same is allowed under the policy provided they have financial and technical capacity.
He also pointed out in some cases where landowners did not have financial or technical capacity, they enter into collaboration agreements with some colonizers for grant of licences but this was not a mandatory condition.The government had been following the policy to consider excluding the land from acquisition proceedings since the year 1991 with a brief interruption from 1996 to 1998.CommentQuote0Flag
- Haryana's land acquisition policy: BJP urges probe by SC judge or division bench
CHANDIGARH: Terming the observations made by the Supreme Court against the land acquisition for the Pinjore-Kalka urban complex as a mirror shown to the Haryana government, the BJP on Tuesday sought a judicial probe by a sitting judge or division of Apex court to probe land acquisition taken place during Hooda regime.
Interacting with mediapersons here, Ratan Lal Kataria, the party spokesman and former MP categorically demanded white paper on the land acquisition. Accompanied by senior state leaders who included Gian Chand Gupta and B B Singhal, Kataria also asked the UPA chairperson Sonia Gandhi and AICC general secretary Rahul Gandhi to come out with their stand.
"Despite the fact that the Haryana government has been snubbed by the Punjab and Haryana high court as well as the Supreme Court, Sonia Gandhi, as well as Rahul Gandhi continue to pat chief minister Bhupinder Singh Hooda for its land acquisition policy. We are confused as who is right-Sonia Gandhi and Rahul Gandhi or the Apex court which has brought the real facts to light,'' he said.
Kataria was referring to the SC observation on land acquired by HUDA for carving out 33 sectors of Pinjore-Kalka urban complex. A major chunk of the acquired land is released to private builders, it is alleged.
Haryana's land acquisition policy: BJP urges probe by SC judge or division bench - The Times of IndiaCommentQuote1Flag
- SC vacates stay on construction - Times Of India
SC vacates stay on construction
CHANDIGARH: The Supreme Court on Wednesday vacated the stay on the construction of the Pinjore-Kalka urban complex near Panchkula. A division bench comprising Justice G S Singhvi and Justice S J Mukhopadhaya passed the orders while dismissing petitions filed by people whose land was acquired in the area.
The orders have paved the way for various housing projects of the Haryana Urban Development Authority (Huda) and some private real estate companies.
On April 19, 2012, the SC stayed construction in Pinjre-Kalka Urban Complex, a project of the Haryana Urban Development Authority (Huda). While staying the project in April this year, SC pointed out serious irregularities in the implementation of the Pinjore-Kalka Urban Complex project of the Haryana Urban Development Authority and observed that the acquisition of land is prima facie not as per the provisions laid down in the Land Acquisition Act 1894.
While staying the project in April this year, SC pointed out serious irregularities in the implementation of the Pinjore-Kalka Urban Complex project and observed that the acquisition of land is prima facie not as per the provisions laid down in the Land Acquisition Act 1894. The complex comprises 31 new sectors over 476-acres. These include residential, commercial and industrial areas on both sides of National Highway 22 between Pinjore and Kalka.
Petitioners in this case alleged that the Haryana government adopted pick-and-choose policy at the time of release of land and even after finalising land to be acquired (Section 6 of the Land Acquisition Act), a major chunk of land was released by the government to private builders for undue benefits. The state government had issued the 2007 notification for acquiring land for the said project.CommentQuote0Flag
- Guys any update on basudevpura tehsil KALKA, near pinjore DISTT. PANCHKULA
Is Huda acquiring it ?CommentQuote0Flag