HUKUM CHAND GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) On 2.06.1999, a notification was issued u/s. 4(1) of the Land Acquisition Act, 1894 (for short "the Act") seeking to acquire land for providing amenities and facilities to the devotees of Shri Mata Mansa Devi Shrine Board (hereinafter referred to as "the Board"). The notification u/s. 4(1) of the Act mentioned that the proposal was to acquire 57 acres, 4 kanals and 8 marlas of land situated in Village Bhainsa Tibba, Panchkula district. It does not appear that any of the present appellants had filed objections to the said notification. Be that as it may, on 29.05.2000, a notification u/s. 6 of the Act was published. However, the land in respect of which notification u/s. 6 of the Act was issued was only 56 acres, 5 kanals and 13 marlas.

(3.) The appellants in all these appeals are persons who claim to either own the land which has so been acquired or claim to be tenants in respect of portions of the land. Their case is that such a large area of land was not required by the Board itself and that, therefore, the excess land should be released to them. They have relied upon diverse documents in support of their submissions. In our opinion, all these documents show that the decision was taken by the Board itself qua the requirement of the entire land, as originally notified. The question of release of the excess land, therefore, does not really arise.