TMI Blog2004 (12) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... the State of Haryana constituted the Haryana State Industrial Development Corporation as a nodal agency for the development of industrial infrastructure in the State. New integrated industrial parks and estates were developed by the state-Corporation keeping in view the Functional Plan prepared by the Planning Board for the National Capital Region in accordance with the provisions of the National Capital Regional Planning Board Act, 1985. In order to fulfil the objective set out in the Functional Plan over an area of 30,242 Sq. Kms., of which 13,413 Sq. Kms. fell within the Haryana sub-region, 41 Industrial Estates of Haryana were targeted for rapid industrial development. Kundli Industrial Estate was developed in phases by acquiring land in accordance with the provisions of the Act. For development of Phase-IV, which is located along National Highway No. 1, the Government of Haryana (Industries Department) issued a preliminary notification under Section 4 of the Act for acquisition of 93 kanals 10 marlas of land (including the lands of the appellants) situated in Village Kundli. The appellants filed objections under Section 5A of the Act, opposing the acquisition of their land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for change of land use from agriculture to industrial. The Director of Industries required from the appellants that before grant of such permission, a path way of 33 feet wide strip of land for widening the road, had to be necessarily given up in front of the land in order to enable a connecting road to the industrial estate. This condition was complied with by the appellant company which gifted the said land to the Gram Panchayat, as required by the Director of Industries. On 22.12.1995, the Director of Industries, Haryana, granted land use justification certificate in favour of the appellant. On 2.7.1996, the appellant was granted permission for change of user of land from agriculture to industrial purpose. On 13.8.1996, the appellant submitted building plan for approval of construction of its factory building to the District Town Planner, Sonepat. On 26.8.1996, the District Town Planner called upon the appellant to pay certain processing fee for clearance of the building plans. While this matter was under process, on 14.10.1996, a notification under Section 4 of the Act was issued for acquisition of land, which included the land of the appellant, proposed to be developed for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to give up certain land for a passage as a condition for granting for change of user or land. The High Court has carefully considered and evaluated the contentions urged by the petitioners-appellants in the light of the material placed before it. The High Court noticed that the cases of all the seven units were examined and recommended for exemption from acquisition by the Land Acquisition Collector, who was of the view that, each one of the units had taken considerable steps towards establishment of an industrial unit. The General Manager, District Industries Centre, Sonepat, after examining the individual cases, reported that the facts found in the report of the Land Acquisition Collector were correct, but made no recommendation with regard to the acquisition proceedings. He reported: all the parties have been heard in person except the representative of M/s Anand Buttons Ltd., who did not turn up for verification of the facts on the given date. The General Manager, District Industries Centre pointed out: all the parties have expressed their desire to set up an industry on this land within a period of two years, if released. But none of them has so far taken up a tangible s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the work, had filed affidavits of the competent officers, who were in the know of facts. It also came to the conclusion that the action of the Director of Industries, Haryana, calling upon for comments from the Haryana State Industrial Development Corporation, and the action of the State Government in considering their comments before taking a final decision for issuance of the notification under Section 6 of the Act, was neither vitiated, nor illegal. The High Court also noticed that the land of the present appellants was sandwiched between Phase-I and Phase-II of the Industrial Estate, Kundli. Consequently, leaving a part of the open land would jeopardize the planned development of the industrial establishment. This reasoning of the High Court cannot be faulted for the simple reason that the authority, who has to carry out the planned development of the industrial estate, is in the best position to judge as to which land can be exempted from the acquisition without jeopardizing the development scheme. It is not possible for the court to sit in appeal over the exercise of such satisfaction by the authority vested with the task of implementing the development plan. The le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces certain land should be exempted from acquisition only for the reason that some construction had been carried out, is a matter of policy, and not of law. If after considering all the circumstances, the State Government has taken the view that exemption of the lands of the appellants would render askew the development scheme of the industrial estate, it is not possible for the High Court or this Court to interfere with the satisfaction of the concerned authorities. We see no ground on which the appellants could have maintained that their lands should be exempted from acquisition. Even if three of the parties had been wrongly exempted from acquisition, that gives no right to the appellants to seek similar relief. It is rightly pointed out by the High Court that, merely because a representation was made by the Director, Town and Country Planning, that upon gift of certain land to the Gram Panchayat for widening of the passage, permission for change of user of land would be granted, such a promise is not one capable of being enforced against the State Government. The High Court has rightly pointed out that, if the appellants are so desirous, they may seek invalidation of the gif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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