LAWS(P&H)-2011-1-497

SATYAPAL AND ANR. Vs. STATE OF HARYANA ETC.

Decided On January 27, 2011
Satyapal And Anr. Appellant
V/S
State of Haryana Etc. Respondents

JUDGEMENT

(1.) This order will dispose of two writ petitions, i.e., CWPs No. 2484 of 1988 and 1943 of 1989. For facility of reference, facts are being taken from CWP No. 2484 of 1988.

(2.) By filing this writ petition, Petitioners have impugned a notification issued under Section 4 of the Land Acquisition Act, 1894 (in short the Act) on January 24, 1984, proposing to acquire 5.74 Acres of land, situated in village Ankhir, Tehsil Ballabgarh, District Faridabad. Further challenge has been laid to a declaration issued under Section 6 of the Act on January 20, 1987. The land was acquired for a public purpose, namely, to develop and utilise it for residential and commercial purposes in Sector 21-C, Ballabgarh. It is on record that after issuance of notification under Section 4 of the Act, Petitioners filed objections under Section 5-A of the Act. However, the same did not find favour with the authorities and accordingly declaration under Section 6 of the Act was issued.

(3.) It is primary grievance of the Petitioners in this case that as per provisions of the Act, substance of the notification, issued under Section 4 of the Act was not published in two newspapers, which is a mandatory requirement. The matter went to the Lok Adalat and following order was passed on July 4, 2000: