HC raps state for ‘somersault’ over land relief in Sonepat

Saurabh Malik

Tribune News Service

Chandigarh, January 23

In a bizarre case, the Haryana Government claimed before the Punjab and Haryana High Court that landowners in Sonepat district had happily parted with their property for better connectivity but were now turning greedy and seeking relief for the land utilised.

The record, however, revealed “a totally different position”. The non-payment of compensation had led to an agitation a couple of years after the initiation of the process and Rs 3 crore demanded by the authorities for disbursement lapsed due to non-payment.

Ruling that the state had done “a total somersault”, the HC has now directed the state to initiate land acquisition proceedings in accordance with the law. For the purpose, Justice GS Sandhawalia has set a three-month deadline. The state has been granted another three months thereafter to finalise the proceedings.

The developments took place on a petition by Om Parkash Dahiya and others. They were seeking directions to the respondents to pay compensation for the land used for widening the road, making drain on either side and construction of cemented pavement. The land was used without payment to the petitioners, their counsel contended.

Justice Sandhawalia asserted the Deputy Commissioner’s order, justifying the non-grant of compensation, would show the land was utilised for widening/strengthening of Gohana-Sisana Road in Sonepat district and for providing side drain.

The compensation was denied on the ground that the landowners had gladly given up the portion of their land.

Justice Sandhawalia asserted the Deputy Commissioner, while passing the impugned order, did not take into consideration the provisions of Article 300-A of the Constitution and the same could not be said to be justified in any manner. Article 300-A makes it clear that no person would be deprived of his property “save by authority of law.”

Justice Sandhawalia added the Divisional Price Committee fixed Rs 25 lakh per acre in February 2012. A demand of Rs 3,64,18,859 was made in August 2013. But the award lapsed in October 2013 on account of non-payment.