HINDUSTAN AUTOMOBILES INDUSTRIES, ROHTAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE eleven petitions are directed against the notifications dated July 9, 1998 and October 28, 1998 issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1894. The petitioners allege that the land was acquired for the ostensible purpose of developing an industrial area at Rohtak but the real purpose was to promote the personal interest of Seth Sri Krishan Dass, the then Minister Urban Estates. They pray that these notifications be quashed.

(2.) COUNSEL for the parties have referred to the facts as appearing on the report of C.W.P. No. 10443 of 1999. These may be briefly noticed.

(3.) THE petitioner alleges that Seth Shri Krishan Das, the third respondent, was a Cabinet Minister in the Haryana Government in the year 1998. He was the Minister Incharge of the Department of Urban Estates. He along with his family members owned about 80 acres of land near the area in dispute. It has been further alleged that the industrial area was being developed in Sector 20 where the industrial colony also existed. However, this proposal to develop the industrial area in Sector 20 was shelved and the site was shifted to the area Sector 37 where the land of the Minister is located. This was done despite the fact that the proposed site was at a distance of 7 kms. from the existing industrial colony and the office of the Manager, Industries Department, in Sector 20. The petitioner maintains that its land was being acquired on account of political rivalry. The third respondent, being a Minister from the Haryana Vikas Party, was misusing his power to harm his political rivals and to promote his personal interest. The petitioner maintains that the impugned acquisition is totally arbitrary and malafide. The petitioner also alleges that the objections filed under Section 5-A of the Act were not considered by the appropriate authority but were disposed of "without any application of mind in a mechanical manner". On these premises, it is maintained that the impugned notifications deserve to be quashed.