DESRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The genesis of the instant case lies in the era of Land Acquisition Act, 1894 (hereinafter to be referred as 1894 Act) which is commonly known as 'era of compulsory acquisition' whose basic foundation was 'public interest' which was given supremacy over 'private interest'. It is well known facet of law that whensoever conflict arises between public interest and private interest, the private interest has to make way for the public interest, and that is how the 1894 Act contributed to the development of this country. The 1894 Act was in itself a complete code and had prescribed the procedure so as to raise grievance against the action of the State Government to acquire someone's land, and whensoever Courts found any deviation by the State or its authorities from settled procedure the interference has been made so as to come to the rescue of such land owners.

(2.) In order to decide the controversy involved and to answer the issues taken up for adjudication, certain elemental facts are required to be noted. In exercise of the power vested in it under Sec. 4(1) of the 1894 Act, the Government of Haryana issued notification dtd. 20/4/1990 for the acquisition of the petitioner's land (described in Para 2 and 3 of the petition) along with the other parcels of land situated in Village Jharsa, Bindapur, Kanhai and Samaspur for the development and utilization thereof for residential, commercial and institutional parts of different sectors of Bahadurgarh.

(3.) As per the categoric case pleaded by the petitioners, a construction in the form of sheds within the boundary wall was situated on the part of their land bearing Khewat No. 6/4, Khanoni No. 6, Khasra No. 38//19/2/1 (1-15). The objection under Sec. 5A(1) of 1894 Act was filed by them, however, it did not find favour and their land including the constructed portion was included in the declaration issued under Sec. 6 of the 1894 Act. Thereafter, the Land Acquisition Collector passed the award under Sec. 11 of the 1894 Act dtd. 23/3/1993.