The Tribune, November 17, Chandigarh: The Punjab and Haryana High Court has ruled that marginal land could be used for another public purpose after its utilization for laying a road.
“The sole argument to challenge acquisition proceedings is that land which does not fall within the road alignment, called marginal land, should be released from acquisition. We do not find any merit in the said argument, a Bench of Justice Hemant Gupta and Justice Raj Rahul Garg ruled.
The ruling came on a bunch of petitions filed by Kataria Constructions Private Limited and other petitioners against Haryana and other respondents.
In its petition, Kataria Construction had challenged the notifications issued in August, 2008, and March, 2012, under Sections 4 and 6 of the Land Acquisition Act for acquisition of 1169.98 acres in 19 villages, including their land in Nimka village for “development and utilization for master plan roads of Sector 75-89 as per the development plan of Faridabad”.
In its objections submitted in June, 2011, the petitioner conveyed no objection to acquire land for a road, but sought release of the remaining land. Appearing for Haryana, counsel Palika Monga referred to the site plan to point out that the petitioner’s land, adjoining a green belt and a service road, was proposed to be used for a multi-level parking. A marginal portion of the land was also coming within the proposed six plots for housing the economically weaker sections. As such, the land was required for a public purpose.
Counsel for the petitioner, on the other hand, argued that the land not falling within road alignment could not be acquired as the purpose of acquisition was maintenance and development of sector roads. A multi-level parking or construction of houses for the economically weaker sections was not the declared public purpose. As such, marginal land could not be made the subject matter of acquisition for purposes other than mentioned in the notifications.
Taking up the matter, the Bench asserted: “Not only the roads are required to be developed but the ancillary services are also required to be provided while laying roads. A multi-level parking is an ancillary service to the laying of roads and thus it very much forms part of stated public purpose….In view thereof, we do not find any merit in the present writ petitions”.