FATEH SINGH ETC. Vs. STATE OF HARYANA ETC.

JUDGEMENT

(1.) THIS judgment will dispose of five writ petitions, i.e., Civil Writ Petitions No. 2254, 2946, 2975, 2976 and 3003, all of the year 1990, as common question of facts and law is involved in all these cases. For facility, to dictate judgment, facts are being mentioned from CWP No. 2254 of 1990.

(2.) THIS writ petition has been filed by the 51 Petitioners/land owners, whose land was sought to be acquired by the Respondents by issuing a notification under Section 4 of the Land Acquisition Act, 1894, (in short the Act) on January 30, 1989, followed by a declaration issued under Section 6 of the Act on January 25, 1990. Award was passed on January 22, 1992.

(3.) THIS writ petition was filed in the year 1990. Thereafter, it was amended vide order dated March 15, 1992. The Petitioners have challenged the above notifications on a ground that constructed buildings/ residential houses of the Petitioners were in existence when notification under Section 4 of the Act was issued and as such, as per policy of the State Government, acquisition was not justified. To say so, following averment was made in the writ petition: