DHARAMBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The challenge in this writ petition is to the notification dated 24.1.2008 (P-2) issued invoking urgency provisions under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for short "the Act") and the notification dated 25.1.2008 (P-3) issued under Section 6 read with Section 17 thereof. The award was announced on 24.4.2009 inter alia acquiring land measuring 1 Kanal 3 Marlas of the petitioner for public purpose i.e. development and utilization of residential Sector-34, Faridabad under the Haryana Urban Development Authority, Act, 1977.

(2.) The present writ was filed in January 2012 complaining that the acquisition was for the benefit of a private colonizer which cannot be termed as public purpose; the private colonizer has set up a private colony known as Ashoka Enclave, Sector-34, Faridabad under a license granted to it 1969. The Zoning Plan submitted by respondent No.4-the private colonizer was approved by the Department of Town and Country Planning, Haryana. It is pleaded that the petitioner's land was included in Zoning Plan even though the land was not owned or purchased by the colonizer.

(3.) Condition No.6 of the change of land use in the letter dated 10.4.1969 addressed to the Colonizer recited that "so far as small pocket (s) of land in colony is/are concerned your are permitted to purchase the same by private negotiations with the help of Urban Estate Department and in the event of failure to do so, Govt. will acquire at your cost".