SURAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this order, we propose to dispose of Letters Patent Appeal No. 492 of 1992 as also Civil Writ Petition No. 14063 of 1991 as common questions of law and fact are involved therein. Further, CWP No. 14063 of 1991 was ordered to be heard along with IPA aforesaid. The facts have, however, been extracted from LPA No. 492 of 1992.

(2.) CHALLENGE to notifications dated March 22, 1990 and March 19, 1991 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 made by the appellants, failed before learned Single Judge as Civil Writ Petition No. 7657 of 1991 filed by them on that behalf came to be dismissed on December 3, 1991, thus, giving rise to present Letters Patent Appeal under Clause X of the Letters Patent.

(3.) LEGALITY and validity of notification under Section 4 and declaration issued under Section 6 of the Act came to be challenged on the sole ground that in view of the policy of the State Government, which was so conceded in the written statement filed on behalf of the State of Haryana in case reported as Mohinder Singh Sharma v. State of Haryana, 1988 PLJ 525 : 1988(2) RRR 502 (P&H), constructed portion could not be acquired. It was the case of appellants that land comprised in Khasra No. 413/1 and 413/2 was a constructed area belonging to them.