RANDHIR SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant writ petition has been filed under Articles 226/227 of the Constitution of India, with a prayer for quashing the order dated 30.01.2006 (Annexure P-7) passed by the Commissioner and Secretary to Government, Haryana and notifications dated 05.08.1994 (Annexure P1 and P2), issued under Sections 3 and 4, of the Punjab Land Preservation Act, 1900 (hereinafter referred to as Act) respectively; and also for issuance of mandamus directing the respondents to pay appropriate compensation on account of loss caused by the respondents by notifying petitioners' agricultural land under Section 3 of the Act and thereby imposing restriction under Section 4 of the Act and further to direct the respondents to pay compensation at the rate of Rs. 40,000/- per acre, per year as the adjoining land to the land of the petitioners is yielding crop worth Rs. 40,000/- per acre, per year.

(2.) Brief facts of the case are that petitioner nos. 3 and 4 and others purchased land measuring 96 acres out of land measuring 113 acres of agricultural land comprising of rectangle no. 30 to 32, 37 to 39, 44, 45, 52 to 54 and 60 situated in Revenue Estate of Bilaspur Hadbast No. 279, Tehsil Jagadhri, Distt. Yamuna Nagar vide sale deed dated 21.05.2002. The State of Haryana issued two notifications dated 05.08.1994 (Annexures P1 and P2) imposing restrictions from using the land as agricultural land and also cutting of trees etc. Earlier, regarding the same notifications, Ramesh Kumar and others had filed Civil Writ Petition No. 7090 of 2003 challenging the order dated 30.01.2003 (Annexure P7). Ramesh Kumar and others had sold the share of that land to petitioner nos. 1 and 2 and others. In Civil Writ Petition No. 7090 of 2003, this court, vide order dated 23.05.2005, has passed the following directions :

(3.) Thereafter, a speaking order was passed on 30.01.2006 by the Commissioner and Secretary to Government of Haryana, Forest Department - respondent no. 1 (Annexure P-7).