SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court with a prayer for quashing notification dated 30.6.2005 (P-2), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') and declaration under Section 6 of the Act, dated 5.7.2006 (P-5) as well as all other consequential acquisition proceedings.

(2.) Brief facts of the case are that the petitioners are legal heirs of Late Shri Rajmal son of Shri Ram Singh, who died on 1.3.2008. He had purchased 9 marlas of land, comprised in Killa No. 4/13/1 in the revenue estate of village Rasoi, Tehsil and District Sonipat, vide registered sale deed, dated 17.3.1982. The petitioners in para 2 of the petition have claimed that they have constructed a house over the land in question after making huge investment of lacs of rupees.

(3.) On 30.6.2005, a notification under Section 4 of the Act was issued for acquiring land for a public purpose, namely, for development of Sector 39 (public-semi public) in the revenue estate of village Rasoi, Badh Malik and Pritampura of Tehsil and District Sonipat (P-2). Pursuant thereto the petitioners filed objections under Section 5-A of the Act on 10.8.2005 (P-3), seeking release of their land on the ground that they have constructed a building after spending about Rs. 20 lacs, wherein firstly they constructed a poultry farm and thereafter a factory was established in the name of 'Issue Enter Prizes' after spending Rs. 50 lacs in the year 1992. The petitioners also claimed that their annual sale in the year 1995 was Rs. 34,29,142/- and thereafter it was more than Rs. 80 lacs. They have also provided employment to 30-40 persons, who would be rendered jobless in case their land is acquired.