DHARAM PAL GOEL D Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment of the Punjab and Haryana High Court, made on September 25, 1993 in Writ Petition No. 2960 of 1990. The original appellant, Dharam Pal Goel (hereinafter referred to as the appellant) had purchased 1 bigha, 12 biswas of land in Khasra No. 718/2/2 Min and 714/1/1 Min situated in the revenue estate of village Khandsa, Tahsil and District Gurgaon. The appellant constructed a school building in October 1985 on the land. The respondents had issued notification on January 30, 1989 under Section 4(1) of the Land Acquisition Act (for short, the Act) for public purpose, namely, for development of the Sectors. Declaration under Section 6 of the Act was published on January 25, 1990. Thereafter, the appellant filed a Writ Petition in the High Court contending that the acquisition of the land for the Public purpose was not correct since the appellant intended to serve another public purpose, namely, establishing a school for the children of the locality. The High Court dismissed the Writ Petition. Thus, this appeal by special leave.

(3.) When the matter had come up on May 10, 1996 for hearing, this Court directed that an Officer to be named by the respondents would make an inspection and submit a detailed report as to the actual land needed for the school building and for playground and to ascertain to what extent reasonable land is required to be released for the purpose of school and playground causing no disturbance to the scheme already evolved. In furtherance thereof, an inspection was made and on the basis thereof a decision was taken by the Director of Urban Estates, Haryana which has been communicated to the learned counsel for the respondents.