PATASI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) By notification dated 15.12.2006 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act'), the Government of Haryana proposed the acquisition of land measuring 231.04 acres (48.23 acres of village Bahayapur, 139.25 acres of village Para and 43.56 acres of village Bohar, Tehsil and District Rohtak) for the development of Residential Sector 36, Rohtak under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority (HUDA). After considering the report of the Land Acquisition Collector, who is supposed to have heard the objections filed by the landowners and other interested persons under Section 5A(1), the State Government issued declaration dated 14.12.2007 under Section 6 of the Act. The award was passed by the Land Acquisition Collector on 9.12.2009.

(3.) The appellant, who owned 14 kanals 8 marlas land situated in the revenue estate of Mouza Para, challenged the acquisition of her land in Writ Petition No. 2494/2010. She pleaded that in the garb of acquiring land for a public purpose, the State Government misused its power under Sections 4 and 6 of the Act for the benefit of respondent No.6 M/s. Ujjawal Coloniser Pvt. Ltd. of Delhi, who was constructing residential colony known as 'Sun City'; that her land should have been exempted/released in terms of the policy framed by the State Government because she had constructed a house prior to the issuance of notification under Section 4(1) of the Act; that she has been discriminated inasmuch as land belonging to M/s. Sharad Farm and Holdings Pvt. Ltd. had been released vide letter dated 4.9.2008, but her land was not released and that the acquisition proceedings are vitiated due to non-application of mind by the functionaries of the State Government and violation of the rules of natural justice.