Former Haryana Chief Minister Bhupinder Singh Hooda. (Express file photo)
The Supreme Court on Monday set aside the Bhupinder Singh Hooda-led Haryana government’s 2007 decision quashing its 2004 notification to acquire 912 acres from three villages in Gurgaon for setting up an industrial township. It also asked CBI, which is probing the matter, to carry out a “complete investigation” to unearth “unnatural gains” received by alleged middlemen.
The bench of Justices A K Goel and U U Lalit found that the state government’s decision was “brought about by mala fide exercise of power” and was a “clear case of fraud on power.”
Upholding the land acquisition, the court said the land will now be vested with the Haryana Urban Development Authority (HUDA)/Haryana Industrial Development Corporation (HSIDC).
The state government had issued a notification on August 27, 2004, for acquiring the land in Manesar, Lakhnoula and Naurangpur, following which several farmers sold off their lands, many of them at throwaway prices, to private builders. On August 24, 2007, the government passed an order dropping the acquisition.
This was two days before the date set for pronouncement of the award of compensation.
Indicting the then government, the order said “in our considered view the decisions dated 24.08.2007 and 29.01.2010 were taken to confer advantages and benefits upon the builders/private entities rather than to carry out or effectuate public purpose. The record indicates that various entities including certain “middlemen” cornered unnatural gains and walked away with huge profits taking the entire process of acquisition for a ride…The unnatural and unreasonable bargain was forced upon the landholders by creating façade of impending acquisition…the motive was to confer undue advantage on the builders/private entities.”
The CBI has already filed a charge sheet against Hooda, senior officials and some private promoters in the matter. The farmers had moved the Punjab and Haryana High Court against the state but their petition was dismissed.
The court said: “The fact that other acquisitions have been completed and have attained the required objective is a pointer in the direction that there was nothing wrong with the initiation but somewhere along while the process was on, it was completely hijacked by vested interests. We cannot, therefore, grant mere declaration invalidating the transaction and grant relief of restoring status ante.”
Apparently referring to the Justice S N Dhingra commission report, which went into some land deals in Haryana, the court asked Punjab and Haryana High Court to decide on a petition challenging the Commission, “preferably in two months”.