BADHAWA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for quashing notification dated February 15, 1981, issued under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) and the notification dated February 17, 1981, issued under Section 6 read with Section 17 of the Act.

(2.) Briefly stated the facts are that the petitioners are landowners of village Tejli, Tehsil Jagadhri, District Ambala, State of Haryana. They are owners of different pieces of agricultural land. They cultivate the land and that is the source of their livelihood. The petitioners have also planted fruit trees in these lands. The lands are situated under Yamuna Nagar-Jagadhri Road and units on metalled approach road connecting village Tejli with Yamuna Nagar-Jagadhri Road. Because of this situation of land, the petitioners intended to build their residential houses on portions of their land.

(3.) The State of Haryana issued a notification dated May 12, 1980, under Section 4 of the Act indicating its intention to acquire 10.4 acres of land out of the land belonging to the petitioners. The purpose of the acquisition as mentioned in the notification is construction of a canal colony for Hathnikund Barrage Project. This notification was published in the Government Gazette Extraordinary dated May 28, 1980. This was followed by a notification dated June 6, 1980, under Section 6 of the Act.