Suhas Palshikar

A crisis of political courage


Suhas Palshikar

SC refuses to vacate stay on construction

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The stay over construction in the Pinjore-Kalka urban complex project of HUDA will continue. A request to decide the application, demanding vacation of stay, was made on Friday by the counsel for one of the builders. However, a division bench of the Supreme Court adjourned the case to October 12.

The bench questioned the bonafides of the petitioners, land owners, in the case. Raising eyebrows over the date of purchase of land made by the petitioners, the division bench gave a week's time to the petitioners to prove their bonafides.

The petitioners will have to prove that they had not purchased the land after the acquisition proceedings were initiated (Section 4 of the Land Acquisition Act).

It was on April 19 when the Supreme Court had stayed construction in the Pinjore-Kalka urban complex project of HUDA. The stay was granted on the petition of land owners whose land was acquired for the project.

Under the HUDA project, 31 new sectors were to be developed in the 476-acre urban complex, including residential, commercial and industrial areas, on both sides of the National Highway No 22 between Pinjore and Kalka.

The petitioners had alleged that the Haryana government adopted pick-and-choose policy at the time of release of land. It was further alleged that even after finalising land to be acquired (Section 6 of the Land Acquisition Act), a major chunk of land was released by the government to private builders for ill-gotten gains.

Finding force in the accusations, the apex court had stayed the construction of the entire project on April 19.

This followed the Supreme Court's order which told the Haryana government the entire land acquisition carried out in the area for developing the complex deserved to be quashed. The apex court had observed that it was "prima facie of the view that the entire (land) acquisition proceeding deserves to be quashed".

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