MAKHAN LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THESE petitions filed under Article 226 of the Constitution have challenged the acquisition proceedings initiated by the respondent State of Haryana in pursuance to notifications dated 6.1.2006 and 9.8.2006, issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity, 'the Act') respectively, for a public purpose, namely, for the development and utilisation of land for residential/commercial Sector 6 -7 adjoining to the proposed 60 Mtrs. wide road at Rewari, in the area of village Gokalgarh H.B. No. 119 and village Rewari H.B. No. 125, Tehsil and District Rewari.

(2.) THE petitioner in CWP No. 2027 of 2007 owns total land measuring 22 Kanals 5 Marlas (300 Sq. Yards) within the Municipal Limit of Rewari City. He is stated to have constructed a house partly upon the land in question more than 2 years earlier to the issuance of notification under Section 4 of the Act. The petitioner has claimed that on 2.2.2006, he had filed objections under Section 5 -A of the Act stating that he has constructed a boundary wall around the land and also started full construction of the house. The land is situated in Rewari City near Delhi Road, which is thickly populated area and number of colonies having residential and commercial sites already exists (P -2). It has also been submitted that after filing of the objections, he applied to the Municipal Council Rewari for sanction of the building plans vide Receipt No. 12, Book No. 407 on 22.3.2006 by depositing a sum of Rs.42,150/ - as security, development charges, map fees, water charges and garbs fees (P -3). On 22.3.2006, the building plans were sanctioned by the Municipal Council, Rewari (P -4). However, without considering the objections, the land of the petitioner has been acquired vide notification dated 9.8.2006 under Section 6 of the Act. On 7.2.2007, the petitioner filed the writ petition.

(3.) ACCORDING to the petitioner(s) the land is situated in Rewari City near Delhi Road, which is thickly populated area and number of colonies having residential and commercial sites already exists (P -2). It is alleged that the land of the influential persons, namely, Heera Lal, Tehsildar, Nand Kishore Rastogi, Press Reporter, Dharambir son of Sheo Lal, Ram Singh son of Maha Singh, Hoshiar Singh son of Mangal Singh, F.C. Dutta and Raghu Yadav, Ex. MLA, having Banquet Hall, have been released from the acquisition. Similarly, the other vacant land belonging to Yadav Samaroh Sthal and Savita Sadan Samaroh Sthal etc. have also been left out from the purview of acquisition. In this manner, the petitioner(s) have been meted with discrimination. It has also been pointed out that while issuing notification under Section 4 of the Act, total land measuring 304.76 acres was proposed to be acquired but at the time of declaration under Section 6 of the Act only 299.466 acres of land has been acquired.