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Put on hold land acquisition for IT Park Phase-III, MHA tells Admn

In yet another embarrassment for the Chandigarh Administration, the Ministry of Home Affairs (MHA) has directed it to “put on hold the acquisition of land for IT Park, Phase-III”. In a communication sent to the Administration on Monday evening, the MHA has minced no words in directing the Administration to stop the acquisition process and take prior permission from the ministry for acquisition of proposed projects in the peripheral area on a case-to-case basis.

Moreover, the MHA has annexed vital excerpts from retired IAS officer Arun Ramanathan’s inquiry report. The inquiry officer has submitted his report, in which he has concluded that the move to acquire lands for IT Park, Phase-III was not adequately based on sound reasoning for the following reasons:

*“The land earmarked for acquisition is under substantial green cover.”

*“The land taken in possession for Phase I & II together had an area larger than the concept layout plan suggested by the JLL report.”

*“The Administration has the latitude to acquire and allot lands without an overall advance plan or design being in place for usage of the peripheral area concerned.”

*“Acquisition of land for Phases I and II was in legal battles.”

*“Utilisation of lands for Phases I & II was short of expectations”

*“Land values in the area were rising sharply.”

Further, the inquiry officer has concluded that “lack of necessary administrative discretion seemed clearly manifest in the move to acquire lands for Phase-III”. It has been recommended by the Inquiry officer that till a general development plan for the UT’s peripheral areas is approved by a competent authority, “it would seem prudent to require clearance from the MHA of acquisitions proposed for projects in the peripheral area on a case-to-case basis”.

Placing on record a copy of the letter sent by the MHA, the Assistant Solicitor General of India, senior advocate Anmol Rattan Sidhu, said, “The report of the Inquiry officer has been considered in the Union Home Ministry and it has been decided that in view of the observations made by the Inquiry officer, acquisition of land for IT Park, Phase III should be put on hold.”

The directions further read, “The Chandigarh Administration must develop a plan of the periphery and get it approved by the competent authority and approach the Ministry of Environment and Forests to carry out a prior Environment Impact Assessment before going in for further acquisitions, in accordance with the development plan in future.”

The communication has been sent by M L Varma, Deputy Secretary to the Government of India. Advocate Sanjay Joshi, senior standing counsel for the Central government, apprised the Court about the Government of India’s stand.

A short reply was also filed by the MHA during the resumed hearing of a bunch of petitions today, challenging the acquisition for the Rajiv Gandhi Chandigarh Technology Park. However, a division bench comprising Justice Jasbir Singh and Justice Augustine George Masih refused to accept the short reply, asking the Central government to file a detailed affidavit stating clearly whether the MHA wants the acquisition done by the Administration to remain or to be withdrawn.

On September 28, the court had deferred the case to know the categoric stand of the MHA. For this purpose, the Bench has also summoned a senior officer (additional secretary) of the MHA. The case will come up for resumed hearing on October 25.

Bunch of petitions

The matter pertains to a bunch of petitions pending in the High Court with regard to acquisition of land made by the Administration for public purposes, namely for “the provision of city-level infrastructure, the regulated urban development of the area between Chandigarh and Manimajra, the planned development and expansion of Chandigarh Technology Park in Village Manimajra which is popularly known as “Rajiv Gandhi Chandigarh Technology Park”.