JAIN SCHOOL SOCIETY Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON October 29, 1976, the State of Haryana issued a notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894, for the construction of Handloom Complex of the Haryana State Handlooms and Handicrafts Corporation Limited at Panipat. Land measuring 5 acres 5 Kanals 5 marlas was intended to be acquired. On December 28, 1976, the notification under Section 6 of the Act was issued. Despite the lapse of more than 24 years, no complex has been constructed.

(2.) THE petitioner is a registered society running a school. It claims to be the owner of the land measuring 3 Bighas 18 Biswas. It has a two -fold grievance. Firstly, the sequence of events shows that the emergency provisions had been wrongly invoked. It was a misuse of the statutory power by the respondent -State. Secondly, it is alleged that no compensation has been paid so far. On these premises, the petitioner prays that the impugned notifications in so far as these relate to the land measuring 3 Bighas 18 Biswas belonging to the petitioner and as described in the petition be quashed.

(3.) LEARNED counsel for the parties have been heard.