HC sets aside Haryana government's decision to transfer 300 acres of land to DLF in Gurgaon

CHANDIGARH: In a significant order, the Punjab and Haryana High Court today set aside an order of Haryana government whereby it had transferred over 300 acres of land in Gurgaon to DLF.

The High Court has ordered that the land be returned to Haryana government. Haryana has been asked to allot the land through international bidding. DLF can also participate in the fresh bidding process.

A division bench comprising Justices Surya Kant and Amol Ratan Sidhu on Wednesday pronounced the order deciding a petition filed by residents of Wazirabad village. It was in the year 2012 that the residents had petitioned the Punjab and Haryana High Court challenging the Haryana's government's action of acquiring land in Gurgaon before selling it off to DLF.

The High Court, in 2012 itself, had restrained the real estate giant from constructing over the said land and creation of third party rights over the 300 acres of land in Gurgaon. DLF had planned an 18-hole golf course on the said land.

DLF was to develop AC apartments and villas, along with an 18-hole golf course on the land under the project 'The Magnolias'. The petitioners had contended that land belonged to the gram panchayat of Wazirabad village and a major chunk of it was notified as "forest area".

They had alleged that Haryana acquired the land under the garb of "public purpose" before selling it to real estate giant DLF. The petitioners had averred that on August 8, 2003, Haryana had initiated the move to acquire 278 acres, one kanal and 10 marla within the revenue estate of Wazirabad.

On January 20, 2004, the state issued declaration under Section 6 of the Land Acquisition Act and in January 2006, an award was passed by the Land Acquisition Collector.

But on February 9, 2010, the petitioners discovered the "deal" between the Haryana State Industrial and Infrastructure Development Corporation ( HSIIDC) and DLF Limited.

The petitioners alleged that HSIIDC issued an allotment letter in favour of DLF, "whereby land was sought to be allotted to it on freehold basis".