HARYANA STATE INDUSTRIAL DEV. CORPN. versus SHAKUNTLA & ORS.

HARYANA STATE INDUSTRIAL DEV. CORPN. versus SHAKUNTLA & ORS.

The act of the High Powered Committee in releasing land for one owner but denying release to another on the same parameters was discriminatory. Where guidelines for land release exist and there is deviation without reasonable principle, such action is arbitrary. The condition imposed by the High Court that private citizens maintain a green belt is not appropriate; rather, the Corporation should maintain the green belt. Land of respondents is to be released on the same conditions as M/s Orient Crafts, with appropriate modifications.

Parties
Appellant: Haryana State Industrial Development Corporation; Respondents: Shakuntla & Ors.; Advocate: Ravindra Sana; Advocate: T.V. George; Advocate: S.P.S. Chauhan; Advocate: Rakesh Dahiya; Advocate: Nikhil Jain; Advocate: Rameshwar Prasad Goyal; Advocate: Ajay Pal
Jurisdiction
India
Judgment Date
22 October 2009
Procedural Posture
Civil Appeal / Final Disposition on Appeal From High Court
Outcome
Appeals disposed of; High Court judgment affirmed with modifications.
Legal Topics
Discrimination in Land Release, Guidelines for Release of Acquired Land, Green Belt Maintenance Responsibility, Article 14 Policy Implementation
Land Acquisition Constitutional Law Discrimination in Land Release Guidelines for Release of Acquired Land Green Belt Maintenance Responsibility Article 14 Policy Implementation

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Parties

Haryana State Industrial Development Corporation

Appellant

Shakuntla & Ors.

Respondents

Ravindra Sana

Advocate

T.V. George

Advocate

S.P.S. Chauhan

Advocate

Rakesh Dahiya

Advocate

Nikhil Jain

Advocate

Rameshwar Prasad Goyal

Advocate

Ajay Pal

Advocate

Procedural Posture

Civil Appeal / Final Disposition on Appeal From High Court

Legal Issues

  1. 1 Whether denial of release of land to respondent was discriminatory under Article 14
  2. 2 Whether conditions imposed by High Court for green belt were valid
  3. 3 Whether deviation from policy guidelines constituted arbitrariness

Ratio Decidendi

The act of the High Powered Committee in releasing land for one owner but denying release to another on the same parameters was discriminatory. Where guidelines for land release exist and there is deviation without reasonable principle, such action is arbitrary. The condition imposed by the High Court that private citizens maintain a green belt is not appropriate; rather, the Corporation should maintain the green belt. Land of respondents is to be released on the same conditions as M/s Orient Crafts, with appropriate modifications.

Court Disposition

Appeals disposed of; High Court judgment affirmed with modifications.

Orders

  • Land belonging to respondents shall be released from acquisition as in the case of M/s Orient Crafts.
  • Respondents will release land needed by HSIDC for maintaining green belt, undisturbed, not more than 50 meters as prescribed.