The Supreme Court has issued a notice to a senior Haryana town and country planning (TCP) and urban estate department official in a contempt petition filed by an appellant in Gurugram land release case. The petitioner, Jai Naryana, in his contempt petition, has said that despite the apex court orders of November 1, 2017, the TCP department has not decided his representation pertaining to the release of his four-kanal land.
The SC, while ordering a CBI inquiry in the release of 95% of the about 1,400 acres under acquisition land of eight villages of Gurugram, had also ordered that the representation of appellant Jai Naryana pertaining to release of his land be considered and decided objectively.
“In the facts and circumstances of the case, it was submitted by the counsel for the appellant that as his land is not required, he may file a representation to the respondent for the release of land. It is assured by the counsel for the state that in case representation is filed, it would be considered and decided objectively,” the November 2017 apex court order reads.
Taking up the contempt petition, the SC bench of Justice Vineet Saran and Justice Ajay Rastogi on January 4 ordered: “Issue notice returnable immediately after six weeks. In case response is filed by the next date of hearing, the respondent need not be present in person.”
The petitioner contended that he had filed a representation for release of his acquired land on November 24, 2017. But despite the orders of the apex court and assurance given by the counsel for the state government, the orders have not been complied with. “Thus, the contemnor has committed contempt of the Supreme Court and liable to be punished,” the petition said.
The petitioner also contended that the state government had told the apex court that this land was required to be acquired for setting up a power substation in Gurugram’s Sector 65. “ It is relevant to note that an electricity substation has already come up wherein the land of the petitioner was not even required. The possession of the land on which the electricity substation came up had been handed over by Haryana Urban Development Authority (HUDA) to Haryana Vidyut Prasaran Nigam (HVPN),” the petitioner said.
The erstwhile Congress government had in 2009 issued a notification under Section 4 of the Land Acquisition Act to start the process to acquire about 1,400 acres of eight Gurugram villages — Nagli Umarpur, Tigra, Ullahwas, Kadarpur, Maidawas, Badshahpur, Behrampur and Ghata — for development of residential Sectors 58 -63 and commercial Sectors 65- 67. However, while issuing the declaration under Section 6, the total area was reduced to about 800 acres. The award dated May 29, 2012 was finally passed for 87 acres only. The apex court in its order said that about 1,300 acre was released by the government in favour of private builders.
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