RAJINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in this petition, filed under Article 226 of the Constitution, is to the notification dated 4.11.2009 (P-7), issued under Section 4 read with Section 17(2)(c) of the Land Acquisition Act, 1894 (for brevity, ?the Act').

(2.) Petitioner Nos. 1 to 3 are owners of the land measuring 24 Kanals, comprised in Khewat No. 104/108, Khasra No. 91/3, 4 and 8, situated in the revenue estate of village Sunari Khurd, District Rohtak, as per jamabandi for the year 2004-05 (P-1). Out of the aforementioned land, 23 Kanals 14 Marlas of land, was leased out by petitioner Nos. 1 to 3 in favour of Gramin Bal Vikas Shiksha Samiti, Sunari Khurd, for a period of 35 years, vide registered lease deed dated 13.3.2006 (P-4). It is claimed that the said Samiti is running a school, namely, Saraswati Devi Vidya Mandir High School, Sunari Khurd (Rohtak), of which petitioner No. 3-Dinesh Kumar is the Principal. The said school is using the land in question as a play ground for the students of the school although it is situated at a distance of one kilometer from the land in question.

(3.) It has been pointed out that in the year 2004 about 50 acres of land was acquired for the construction of a police complex whereon construction activities are going on. Other than this, 54 acres 2 Kanals and 17 Marlas of land belonging to the Gram Panchayat, Sunari Khurd, which is near to the area of police complex, was sold to the Government for the purposes of construction of a new District Jail. Approval regarding sale of the said land was granted on 6.6.2005 (P-6). On 4.11.2009, a notification under Section 4 read with Section 17(2)(c) of the Act was issued by the respondent State for acquisition of land measuring 328 Kanals 0 Marlas for a public purpose, namely, for the purpose of water works for the police complex. By invoking the emergency provisions under Section 17(2)(c) of the Act, the requirement of filing of objections under Section 5A of the Act was dispensed with (P-7). It has been alleged by the petitioners that the land sought to be acquired is at a distance of about 32 acres from the police complex, which is canal irrigated. It is also pointed out that in between the proposed new District Jail and the police complex about 40 acres of vacant land belonging to the Gram Panchayat is available and the nature of said land is Barani, which could be acquired for the alleged public purpose. The petitioners have also placed on record a site plan showing their land in Red colour, the panchayat land in Yellow colour, the new District Jail in Green colour and the police complex in blue colour (P-8).