S N SEXENA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine would dispose of Civil Writ petition Nos. 10501 and 10502 of 1991 as similar questions have been raised in both the writ petitions.

(2.) The challenge herein pertains to the two notifications dated 22.3.1990 and 19.3.1991 issued under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as 'the Act') respectively.

(3.) The petitioners' land along with 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 notifications under Section 4 is 172.44 acres (in CWP No. 10501 of 1991) and 197.22 acres (in CWP No. 10502 of 1991) out of which the petitioners' land in both the writ petitions which has been acquired comprised in Khasra Nos. 443. The legality and 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 P.L.J. 525, the constructed portion could not be acquired.