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2024 DAILYLAW 2825 (PNJ)

MANIKANT SHARMA AND ORS v. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE CORPORATION

CWP/29431/2024 · 2026-07-09

Subhas Mehla, Vikas Bahl

body2024

Judgment text

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CWP No. 29431 of 2024 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 225 CWP No.29431 of 2024 Date of decision: July 9th, 2026 Manikant Sharma and others .....Petitioners Versus Haryana State Industrial and Infrastructure Corporation .....Respondent CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON'BLE MR. JUSTICE SUBHAS MEHLA Present: None for the petitioners. Mr. Deepak Balyan, Advocate for the respondent. VIKAS BAHL, J. (ORAL) 1. This is a civil writ petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the respondent to take action on the representations (Annexures P-6 to P-9). 2. Learned counsel appearing for the respondent has submitted that the representations of the petitioners have been considered and a detailed speaking order dated 27.01.2025 has been passed. A copy of which has been handed over to the Court, which is taken on record as Mark ‘A’. The relevant portion of the said order which has been highlighted is reproduced hereinbelow: “8. The comprehensive exchange proposal as received from field office, Faridabad indicating the exact land involved in the exchange proposal as well as sizes of plots proposed to be given on the basis of equal give and equal take was PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh CWP No. 29431 of 2024 2 examined at HSIIDC (HQ) and upon examination, the exchange proposal was got approved from the Government. Apart from this, duly assessed compensation of various structures etc. falling on un-acquired/released land but being considered for exchange was also approved for payment to the concerned land owners. Accordingly, vide HSIIDC (HQ) office memo dated 01.01.2013, the then Additional General Manager (F)/HSIIDC, Faridabad was requested to issue the Letter of Intent (LOI) to the applicants with the following conditions in consultation with the then Additional General Manager (IA)/HSIIDC, Faridabad :  Applicants shall submit an undertaking in the form of affidavit that all stake holders in their respective properties agreed to the exchange of land and nobody shall contest this exchange in future in any form.  45 days time will be given to the various land owners to evict their respective premises. 9. Accordingly, the then Estate Manager-cum-Additional General Manager (F) vide his office letter dated 07.02.2013 issued LOI conveying the exchange proposal on equal give and equal take principle to all the above mentioned 6 co- sharers in lieu of their released land falling in khasra no. 7//12 of Village Chandawali. Further, the then Estate Manager, HSIIDC, Faridabad issued a notice to all 6 co- sharers (including petitioners) on 10.05.2014 informing them to comply with the terms & conditions of LOI within 7 days. However, only 1 co-sharer i.e. Sh. Ravinder Singh, who complied with the terms & conditions of LOI, was offered and area measuring 21.13 Marla in exchange. 10. Local Management Committee/HSIIDC, Faridabad has further informed that earlier a 66 KV HT line was passing PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh CWP No. 29431 of 2024 3 over the Plot No. 780. The said HT line was shifted in the year 2020. A house of the petitioners/co-sharers exists on the released as well as on acquired land of HSIIDC and the said residential structure is creating hindrance on duly carved out Industrial Plot Nos. 781 & 781-A. On the basis of earlier approval of release/exchange proposal and shifting of 66 KV HT line, the Industrial Plot No. 780, Sector-69 was allotted on 04.02.2021. When the allottee started the construction on the allotted plot, Sh. Manikant & other co-sharer raised objection and again submitted three individual consent letters on dated 12.01.2022 that they (petitioners) are ready to offer their released land to HSIIDC on equal give equal take basis and subject to the payment of adequate structure compensation. Further, the field office/HSIDC, Faridabad vide its letter dated 19.01.2023 has submitted a fresh exchange proposal to HSIIDC (HQ) which has been kept pending till the finalization of Common Land Exchange Policy by the State Govt. of Haryana. 11. After examining the matter, Local Management Committee, HSIIDC, Faridabad has recommended that the possession may be offered to the petitioners/co-sharers on the location as earlier approved from the Head Office vide letter no. HSIIDC/IPD/2013/2488 dated 01.01.2013. 12. I have gone through the facts explained above. Accordingly, it is concluded that a decision for exchange of released land falling in khasra no. 7//12 of Village Chandawali belonging to the petitioners and other co- sharers, has already been taken and the same has already been conveyed to field office Faridabad vide HSIIDC(HQ) office letter dated 01.01.2013 and the petitioner i.e. Sh. Shashi Kant in his representations dated 18.06.2019, 05.07.2019 & dated 23.07.2019, has nowhere mentioned PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh CWP No. 29431 of 2024 4 that he is not agreed to the exchange proposals approved by the Government. In order to implement the said decision, Estate Manager/HSIIDC, Faridabad is hereby directed to issue a fresh LOI to all the petitioners in the present CWP and other co-sharers personally under receipt. As far as exchange of left out land bearing khasra no. 56//16/1 (0K- 10M) as claimed in the representation dated 23.07.2019 & 05.07.2019, since the said land is not part of allotted plot no. 780, Sector-69, IMT Faridabad, therefore, the exchange proposal of this land parcel shall be decided separately on merits after finalization of Common Land Exchange Policy of the State or HSIIDC (as the case may be).” 3. Learned counsel for the respondent has submitted that in fact it is the petitioners, who are not coming forward to comply with the offer of exchange which has been detailed in the said order. 4. None has appeared on behalf of the petitioners to rebut the said aspects. Accordingly, the present petition is disposed of. Liberty is granted to the petitioners to revive the present petition in case any cause survives and also to challenge the order dated 27.01.2025 in accordance with law in case they are aggrieved by the same. (VIKAS BAHL) JUDGE July 9th, 2026 (SUBHAS MEHLA) Puneet JUDGE Whether speaking/reasoned : Yes Whether reportable : No PUNEET SACHDEVA 2026.07.13 09:37 I attest to the accuracy and authenticity of this document Chandigarh