JAGTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The State of Haryana desired to setup a Sewerage Treatment Plant at Village Samalkha, District Panipat. At the first instance a notification under Section 4 read with Section 17(2)(c) of the Land Acquisition Act, 1894 (for brevity, 'the Act') was issued on 16.11.2006 (P-1), expressing the intention to acquire land for the aforesaid public purpose comprised in specified khasra numbers, which are clear from the following table: <FRM>JUDGEMENT_1964_TLP&H0_2010_1.html</FRM>

(2.) On 28.12.2006, a declaration under Section 6 read with Section 17(1) was made with regard to the aforesaid khasra numbers stating that the land is urgently required by the Government for a public purpose of setting up a Sewerage Treatment Plant. However, the Chief Minister, Haryana, did not deem it appropriate to set up the Sewerage Treatment Plant inside the abadi area, as is evident from the letter dated 4.1.2008 (P-4), sent by the Financial Commissioner and Principal Secretary to Government Haryana, PWD (Water Supply and Sanitation). In para 2 of the said letter it has been recorded that "Hon 'ble Chief Minister has seen. He is of the opinion that treatment plant inside the abadi area would not be appropriate. He has desired that some other suitable site be located by the Department for sewerage treatment plant". Therefore, on 8.4.2008 (P-5), a notification under Section 48 of the Act was issued dropping the acquisition proceedings in respect of the land, which was sought to be acquired vide notification dated 16.11.2006 (P-1) under Section 4 read with Section 17(2)(c) of the Act and declaration dated 28.12.2006 (P-2), made under Section 6 read with Section 17 of the Act. Accordingly, the notification dated 8.4.2008 (P-5) brought an end to the acquisition of the specified land. The de-notification in such a manner and further proceedings for acquisition may have bearing for invoking of urgency clause.

(3.) However, on 9.5.2008 (P-6) again a notification was issued under Section 4 read with Section 17(2)(c) of the Act for the same public purpose of setting up a Sewerage Treatment Plant at Village Samalkha, District Panipat. This time land measuring 48 Kanals 8 Marlas was sought to be acquired and the specified khasra numbers were notified. The table of khasra numbers, as shown in the notification is as under: <FRM>JUDGEMENT_1964_TLP&H0_2010_2.html</FRM>