OM NARAYAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The challenge in this petition is to the notification dated 01.04.2010 under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") intending to acquire land measuring 3364 acres 5 kanals 2 marlas in villages, namely, Gopalpur, Pipli, Saidpur, Kundal, Rampur, Ferozpur Bangar, Nizampur Khurd, Sohti, Pahaladpur and Barona, Tehsil Kharkhauda, District Sonepat for public purpose, for the development of Industrial Model Township at Kharkhauda consisting of industrial, residential, commercial and institutional areas. The further challenge is to the notification dated 4.4.2011 issued under Section 6 of the Act expressing declaration to acquire, inter alia, the land of the petitioner falling in Khasra Nos.1259/1 (2B-2B) and 1583/2 (1B-2B) in village Kundal.

(2.) The petitioner filed objections under Section 5-A on 28.04.2010 for release of land claiming that in an area admeasuring 200 sq. yards falling in Khasra No.1259/1 the family of the petitioner had constructed a Samadhi in the year 1997 of an ancestor and his bust was installed on a pedestal under the canopy of the samadhi, where the family offers worship on festivals. It is also pleaded that in Khasra No.1683/2, there is a boundary wall constructed many years ago. Besides, there were 20 guava trees standing thereon together with a khota with one tubewell and engine.

(3.) The objections under Section 5-A of the Act were considered by the Land Acquisition Collector and rejected vide order Annexure P-5. After hearing the petitioner in person, the Land Acquisition Collector, Sonepat found that there is no place of worship nor any such worship is practised at the samadhi or the land in dispute. A recommendation was made to the Government that the land falling in the khasra in dispute be acquired.