VIKRAM BAKSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed to lay challenge to a notification dated 8.10.2003 (P13), issued under section 4 of the Land Acquisition Act, 1894 (in short, the Act). Further challenge is to a notification dated 7.5.2004 (P19), vide which, declaration to acquire land of the petitioner was issued under section 6 of the Act.

(2.) It is case of the petitioner that he is owner and in possession of 32 kanals of land comprised in Rect. No.40, Khasra No.14(7-2), 17/1(3-17), 17/2(3-17), 18/1(3-6), 23/1(7-0), 24/1(6-18), situated in the revenue estate of village Lakkarpur, Tehsil Ballabgarh, District Faridabad. It is further case of the petitioner that he has raised construction over the property in dispute, which was more than 20 years old. Respondent No.1, without appreciating the above said fact, issued notification on 8.10.2003, to acquire 172 Kanal 19 marlas of land, including land of the petitioner for public purpose, namely, for expansion and systematic development of Tourist Complex, Surajkund, village Lakkarpur', tehsil and district Faridabad.

(3.) The petitioner, as per provisions of section 5-A of the Act filed detailed objections (P15) on 20.11.2003. By making reference to the extent of construction made by him in the property in dispute and also its situation, it was suggested that the acquisition will harm his interest. It was further stated that sufficient land is available with respondent No.1 for the purpose for which his land was going to be acquired.