SHIAM KISHORE Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the petitioners have challenged the preliminary notification dated 31.7.1996 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') for acquiring 410 acres, 7 kanals and 4 marlas of land in villages Dhakaula and Rampur, for a public purpose, namely, for establishing the Industrial Growth Centre at Saha on Jagadhri- Ambala Road, Tehsil and District Ambala; and the declaration dated 30.7.1997 made under Section 6 of the Act, recording the satisfaction that the aforesaid land was needed for the aforesaid purpose; as well as the award dated 28.7.1999 made by the Land Acquisition Collector, being illegal, arbitrary and mala fide.

(2.) It has been alleged that petitioner No.1 along with his brothers jointly owned about 19 acres of land. Similarly petitioner No.2 along with certain other persons jointly owned 26 acres, 7 kanals and 15 marlas of land and petitioner No.3 along with other persons jointly owned near-about 36 acres of land. It has been also alleged that petitioner Amar Singh along with other persons owned near-about 14 acres of land, whereas petitioner Lakhmir Singh and others owned about 17 acres of land in village Dhakaula. The petitioners being aggrieved against the preliminary notification issued under Section 4 of the Act proposing to acquire their land along with land of other persons of village Dhakaula, filed objections under Section 5-A of the Act to the proposed acquisition, while raising the following main points:-

(3.) It is admitted position that after providing an opportunity of hearing, the objections filed by the petitioners were not accepted and a declaration under Section6 of the Act was made vide notification dated 30.7.1997. When the notices under Section 9 of the Act were issued to the petitioners and other land owners, the petitioners filed the instant petition challenging the acquisition of their land by the aforesaid notifications on the grounds that the land of village Dhakaula, which is sought to be acquired, is very fertile, whereas the unfertile land is available in village Saha. It has been alleged that originally the land of village Saha was sought to be acquired, but due to intervention and manipulation of Shri Phool Chand Mullana, a former Minister in the Government of Haryana, the site of the proposed Industrial Growth Centre was changed for his personal benefit and, thus, the notification for acquiring the land of village Dhakaula was issued with a mala fide intention in colorable exercise of power to benefit Shri Phool Chand Mullana. In this regard, it has been alleged that Shri Phool Chand Mullana has purchased about 25 acres of land in village Saha in the year 1994 by way of benami transaction in the names of Shri Sita Ram and Smt. Kiran wife of Ishwer Dass, who are his relatives. In this regard, it has been further alleged that initially the mutation of the purchased land was sanctioned in favour of Shri Sita Ram and Smt. Kiran, but later on vide mutation dated 26.6.1996 1/2 share of the land measuring 103 kanals 10 marlas was mutated in favour of Shri Phool Chand Mullana. On the basis of those averments, it has been alleged that since Shri Phool Chand Mullana was having interest in the land of village Saha, therefore, by using his political influence, he got the site of the Industrial Growth Centre changed from village Saha to village Dhakaula. It has been further alleged that in the west of the acquired land, the land of one Man Singh, Naib Tehsildar and his family in village Jawahargarh, has been excluded from the notification in a discriminatory manner so as to accommodate him by manipulating the report of the Committee which proposed for acquisition of the land covered by the impugned notifications for Industrial Growth Centre, being more suitable site. It has been further alleged that 35/36 acres of land owned by Sant Dayal Ji of village Balahrewala in village Saha/Laha has been excluded from the proposed acquisition for the reason that he yields great influence with the politicians. It has been alleged that the acquired land is not suitable for the public purpose for which the same is acquired as the land situated in village Saha is more suitable for the said purpose.