BABU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants herein are residents of Narwana, District Jind, in the State of Haryana and claim to be the owners of land measuring 34 Kanals 2 Marlas situated at Jind Patiala Road near the Railway Crossing, Narwana, adjoining the New Grain Market at Narwana. Subsequent to the acquisition of certain lands in the said area in 1995, the State of Haryana issued another Notification dated 23rd November, 2005, bearing No. 12/8/05-PH 1, under Section 4 read with Section 17(2)(c) of the Land Acquisition Act, 1894 (hereinafter referred to as the "L.A. Act"), for construction of a Sewage Treatment Plant. In the said Notification, it was indicated that the land was required on an urgent basis within the meaning of Sub-section (4) of Section 17 of the L.A. Act, thereby excluding the application of Section 5A of the said Act. According to appellants while invoking the emergent provisions under Section 17 of the aforesaid Act, no reason was indicated to exclude the operation of Section 5A of the Act. The said Notification under Section 4 was followed by another Notification dated 2nd January, 2006 under Section 6 of the L.A. Act. In the said Notification it also was made clear that the Land Acquisition Collector-cum- District Revenue Officer, Jind, Haryana proposed to take possession of the land in question as the land was to be acquired urgently.

(3.) Aggrieved by the decision of the State Government to acquire the land for construction of the Sewage Treatment Plant, the Mitaso Educational Society Narwana, filed a suit against the State of Haryana to restrain the defendant therein, including the State of Haryana from constructing the Sewage Treatment Plant in front of the school and on 15th February, 2006, an interim order was passed in the suit restraining the defendants from constructing the said Plant as the same was likely to be a health-hazard for the inhabitants of the locality. In yet another civil suit filed by one Jagroop against the State of Haryana, the Additional Civil Judge, Senior Division, Narwana, restrained the defendants by its order dated 12th April, 2006 from constructing the Sewage Treatment Plant.