The Punjab and Haryana High Court has granted ₹5 lakh compensation to a man whose land was continuously and unfairly targeted by the Haryana Government for acquisition since the year 1962.
The case was heard by a Division Bench comprising Justice Sureshwar Thakur and Justice Vikas Suri. They ruled that the government’s repeated efforts to acquire the petitioner’s land were both arbitrary and discriminatory.
"The power of eminent domain becoming misemployed, besides becoming employed with malafides, and, also being infected with the vices of discrimination, and, arbitrariness," observed the Court.
The bench pointed out that since 1962, the government made several unsuccessful attempts to acquire the petitioner’s land, despite having access to other lands in the same area that could have been used for the public purpose.
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"Since 1962 up to now, the respondents have consistently made unsuccessful endeavours to subject the present lands to acquisition, despite other sites also being available for acquisition for the relevant public purposes," the Court added.
The petitioner, Umesh Kumar Madhok, had filed a plea challenging the acquisition notifications issued in 2004 and 2005 under Sections 4 and 6 of the Land Acquisition Act, 1894. These notifications targeted the land on which his industrial unit was already built.
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In response, the State authorities argued that the land was part of the master plan titled the “Development Plan for Faridabad/Ballabgarh Controlled Areas,” which aimed at sector-wise development for both residential and commercial use.
However, the petitioner’s senior counsel countered this, stating:
"The land can only be acquired for public purpose and here it is done for the purpose of HUDA."
The State Counsel defended their action by stating that the land was notified for a public purpose—namely, the development of the area for residential and commercial sectors.
After reviewing the submissions, the Court dismissed the arguments made by the State. The Court emphasized that the petitioner’s land had been unfairly singled out, and the acquisition lacked legal justification, especially since other suitable land parcels were available but had not been considered.
"The effect of the present subject lands rather becoming singularly chosen for being subjected to acquisition for the relevant public purposes, whereas, despite the availability of other lands in the apposite vicinity, yet theirs being either omitted to be subjected to acquisition or being released from acquisition, but is that, therebys the power of eminent domain becoming prima facie exercised with sub coloris officio, and, theretos no reverence can be assigned," the Court said.
Importantly, the Court found no statutory violation by the petitioner in setting up his industrial unit, nor any breach of zonal restrictions.
Finally, the Court allowed the plea and directed the authorities to pay compensation:
"The instant petition is allowed, but with exemplary compensation of Rs. 5.00 lacs (Rupees Five lacs) becoming paid to the present petitioner by the respondents concerned. The impugned notifications are quashed, and, set aside."
This judgment highlights how the power of eminent domain must be used fairly, and not in a manner that targets individuals arbitrarily. The ruling sets a precedent against misuse of authority under the guise of development plans.
Mr. Sanjeev Sharma, Senior Advocate with Mr. Sandeep Singh, Advocate
for the petitioner.
Mr. Ankur Mittal, Addl. A.G., Ms. Svaneel Jaswal, Addl. A.G, Mr. Pardeep Prakash Chahar, Sr. DAG, Mr. Saurabh Mago, DAG, Mr. Gaurav Bansal, DAG and Mr. Karan Jindal, AAG, for the respondent-State.
Mr. P.S.Chauhan, Advocate, Mr. Ankur Mittal, Advocate, Mr. Sandeep Chabbra, Advocate, Ms. Gurcharan Kaur, Advocate,
Ms. Kushaldeep Kaur, Advocate and Ms. Saanvi Singla, Advocate for the respondent-HSVP.
Title: Umesh Kumar Madhok v. State of Haryana and others
