YASH PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge herein pertains to the two notifications dated 8.3.1989 end 7.3.1990 issued under Sections 4 and 6 of the Land Acquisition Act respectively (hereinafter referred to as 'the Act').

(2.) The petitioners' land along with the land of several other landowners has been acquired by the State of Haryana by issuance of the aforesaid notifications. The total land forming part of the notification under Section 4 is 131.83 acres out of which the petitioners' land which has been acquired comprised in Khasra numbers as mentioned in Annexure P.I. The legality and the validity of the two notifications has been challenged primarily on the ground that according to the policy of the State Government which was so conceded in the written statement filed by the State of Haryana in a reported case Mohinder Singh Sharma v. State of Haryana, 1988 PunLJ 525, the constructed portion could not be acquired.

(3.) According to the return filed by the respondents, no such policy was ever framed by the State Government that the constructed portion was not to be acquired. It is the specific stand of the respondent that wrong admission was made in the written statement about the existence of a policy decision.