JAGDISH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution.

(2.) The facts that emerge from the record are that one Shri Chuni Lal Sahni owned 38 Kanals of land within the Municipal area of Ballabgarh. A notification was issued and published in the Haryana Government Gazette (copy Annexure 'D') in the name of Governor of Haryana State (Respondent No. 1) under Section 4 of the Land Acquisition Act, 1894 (hereinafter, referred to as 'the Act') on April 17, 1969, to the effect that the land in villages Sihi and Ballabgarh was likely to be acquired by the Government at the public expense, for a public purpose, namely, for the planned development of the area of Sector No. 4. The only particulars of the land given therein, were the name of the District, the Tehsil and the revenue estates and its had-bast numbers. The notification also stated that if any person had any objection to the acquisition of that land in these localities, he may file the same within thirty days of the publication of that notification. It was further stated that the plan could be inspected at the five offices, including those of the Estate Officer, Faridabad, Tehsildar Ballabgarh and Deputy Commissioner, Gurgaon. A further notification under Section 6 of the Act was issued on June 24, 1970 and published in the Gazette on June 30, 1970 (copy Annexure 'E'). The land was particularised by survey numbers in this notification. After the publication of notification under Section 6, Chuni Lal Sahni, on different dates transferred land in plots out of field Nos. 13/2/1, 13/2/2, 14/1 and 14/2 of Rectangle No. 52 to the writ petitioners by separate registered deeds of July 15, 1970 to February 25, 1971. Notice under Section 9(1) of the Act was duly served. In response to that notice, Chuni Lal Sahni filed objections claiming the property to be his own. It has been further alleged by the five petitioners that this land was declared as an unbuilt area by the President of India per order dated February 7, 1968. Later on, by an order of July 26, 1969 (copy Annexure 'A'), the Governor of Haryana excluded this land in question from the purview of the President's order dated February 7, 1968. After the issuance of that order dated July 26, 1969, the Administrator, Municipal Committee, wrote a letter (copy Annexure 'B') to Chuni Lal Sahni intimating him that the Government of Haryana had excluded his land from the 'unbuilt area' vide order dated July 26, 1969. The result of this order dated July 26, 1969, was that the said area was declared to be built area, where buildings could be constructed after getting necessary sanctions of the building plan from the Municipality Ballabgarh. After the issuance of the said order dated July 26, 1969, Chuni Lal Sahni got sanctioned a plan from the Municipal Committee, Ballabgarh, for a colony known as 'Adarsh Nagar', free hold plots, in which plan he had shown about 130 plots of land (half commercial and half residential) (copy Annexure 'C'). The petitioners allege that thereafter they purchased plot Nos. 92, 84, 85, 94, 81-82, and 105-A respectively as shown in the plan (copy Annexure 'C') from Chuni Lal Sahni at a cost of about Rs. 50,000/-. After getting building plans duly sanctioned from the Municipality Ballabgarh, each of the petitioners built pucca construction on the said plots in the year 1970-71 at a cost of about Rs. 2,50,000/-. Petitioner Nos. I and 2 are carrying on their business in the commercial plots while petitioners Nos. 3 and 5 are living in those buildings. It is further alleged that practically all the plots shown in the sanctioned plan (copy Annexure 'C') have been sold by Chuni Lal Sahni to various persons who have made several constructions on those plots purchased by them. The petitioners assail the validity of the notification issued under Sections 4, 6 and the notices under Section 9 (Annexures 'D', 'E', 'F' and 'G' to the writ petition) on various grounds out of which the following have now been pressed before me at the time of arguments

(3.) A preliminary objection has been raised by Shri D.S. Lamba, Deputy Advocate-General for the respondent-State, that the petitioners have no locus standi to challenge the acquisition proceedings that had been taken before they came into the picture. It is emphasised that out of the land in question, Jagdish Chand, petitioner, purchased plot No. 92, on July 15, 1970, Sohan Singh (petitioner No. 2) purchased plot Nos. 84 and 85 on July 25, 1970, Madan Lal (petitioner No. 3) purchased plot No. 94 on February 25, 1971, Manga Ram (petitioner No. 4) purchased plot No. 105-A on February 15, 1971 while Smt. Sheela Devi (petitioner No. 5) purchased plot Nos. 81 and 82 on February 25, 1971. It is contended that before these purchases, the petitioners had no interest whatever in the land acquired, and consequently, they were not competent to challenge, what he calls 'pre-natal' proceedings.