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TMI Blog2004 (12) TMI 713X X X X Extracts X X X X X X X X Extracts X X X X ..... ained 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 gifts in favour of the Gram Panchayat on the ground of failure of the Director, Town and Country Planning to fulfil his commitment. That, however, does not render the acquisition proceedings illegal. No other ground has been made out. In our view, therefore, no fault can be found with the judgment rendered by the Division Bench. We find no merit in the appeals, which are hereby dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... irector of Industries, Haryana and asked for his comments. Simultaneously, the District Town Planner of the Haryana State Industrial Development Corporation was also entrusted with the task of examining the report of the Land Acquisition Collector. As a result of this exercise, it was recommended by the Director of Industries, Haryana as well as the District Town Planner of the Haryana State Industrial Development Corporation that the lands of M/s Dinar Spinning Mills (P) Ltd., M/s Amar Elastomers (P) Ltd. and M/s K.C. Fibre Ltd. may be exempted but the lands of the other persons affected by Section 4 notification be acquired. The Director of Industries also addressed a memo dated 23.4.1997 to the Commissioner and Secretary to the Government of Haryana, Industries Department, recommending acquisition of land except in the aforesaid three cases. The State Government, after considering the reports submitted to it under Section 5A of the Act, made a declaration under Section 6 of the Act. As a result of the decision taken by the State Government, the lands of only three industrial units, namely, M/s Dinar Spinning Mills (P) Ltd., M/s K.C. Fibre Ltd. and M/s Industrial Rollers Co. were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted his report to the Director of Industries. This report was considered and rejected in the case of the appellant. The appellant challenged the acquisition proceedings by its writ petition, C.W.P. No. 4135 of 1998. As already said, this writ petition came to be dismissed by the common judgment of the High Court. The cases of the other appellants are also similar. All the appellants had raised objections under Section 5A, mainly on the following two grounds: (a) That each of them had been persuaded to gift 3 Kanals 11 Marlas of land to the Gram Panchayat, Kundli for increasing the width of the passage with an understanding that they will be granted permission to change the user of land. Hence, the Director of Industries and the State Government were estopped from acquiring the land in question. (b) Each of the appellants objected to the acquisition on the ground that they are desirous of setting up an industrial unit and, since the acquisition was itself intended for setting up of an industrial estate, no purpose would be served by acquiring their lands when all the formalities had been completed. The principal contention advanced by the appellants against the acquisition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deserves a "sympathetical attitude", in view of the land of 3 Kanals and 11 Marlas gifted by it for making a path way. Finally, it was reported, "keeping all these things in view, the Headquarter may take a suitable action." The State Government did not file an affidavit in reply to oppose the writ petitions, but, instead, authorized the Director of Industries and the District Town Planner of the Haryana State Industrial Development Corporation to do so. The affidavits filed by these officers showed that M/s Dinar Spinning Mills, M/s Industrial Roller Co. (who were the subsequent purchasers of land from M/s Amar Elastomers) and M/s K.C. Fibres had, not only constructed the factory building after obtaining the permission, but had also started manufacturing of goods. In all other cases, including the case of M/s Anand Buttons Ltd., there were no tangible steps taken for erection of factory building, much less had industrial production commenced. The State Government took the view that there was justifiable difference between the cases of M/s Dinar Spinning Mills, M/s Industrial Roller Co., M/s K.C. Fibres on the one hand and those of the present appellants on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the State Government had ostensibly decided to exempt the said three units on the basis of construction put up and industrial units being set up, this was really not true in the case of these three units. In our view, it is unnecessary for us to enter into this controversy. Even if we assume that the three units, who were exempted, did not qualify under the standard adopted by the State Government for exemption, at the highest, it would make the exemption granted to them vulnerable. None of them was made party to the writ petitions filed before the High Court, nor was any relief claimed against them. Even assuming that the exemption granted to the said three units was erroneous and illegal, Article 14 does not mandate that the appellants should be granted similar illegal and unjustified relief. As said by this Court in Union of India and Anr. v. International Trading Co. and Anr. , to which one of us, (Shivaraj V. Patil, J.) was a party, (vide Para 13): "..It is not necessary to deal with that aspect because two wrongs do not make one right. A party cannot claim that since something wrong has been done in another case direction should be given for doing another wrong. It wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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