SHEO DHIAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a writ petition under Articles 226/227 of the Constitution for impugning two notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter called the Act).

(2.) The petitioners are co-sharers in Khasra No. 8490 situate along the main Delhi-Rohtak Road near the Government Power House, Rohtak. The area of this field is approximately 6000 Square Yards. The petitioners 1 to 4 had purchased their shares in 1957. Since then, they have constructed a house on it which bears House No. 408/2 Model Town. Similarly, petitioner No. 9, according to the allegations in the petition, had constructed his residential house on a part of this field. On December 2, 1960 in the same issue of the Government Gazette, two notifications, one after the other, under Sections 4 and 6 of the Act, were published. The notification under Section 4 stated that the land was required by the Government at public expense for a public purpose, namely for construction of Government Medical College at Rohtak. In the notification under Section 4 it was mentioned that "action under Section 17 shall be taken in this case on the ground of urgency and the provisions of Section 5-A shall not apply with regard to this acquisition". The declaration under Section 6 repeated this :

(3.) Respondent 2 in his affidavit stated that on December 2, 1960, when the impugned notification under Section 4 was issued, no structure now mentioned by the petitioners, existed on the land, except the boundary wall constructed by Balbir Singh, petitioner 9. The rest of the allegations in para 1 of the writ petition have been denied "for want of knowledge." It was admitted that the land in question is within the Municipal limits of Rohtak and the Municipal Committee levies house-tax on owners of houses within its jurisdiction. It is added that the Municipal record shows that they had levied house tax on Sheo Dhian Singh and Balbir Singh, petitioners for the first time, in the years 1969-70 and according to the contentions of the respondents' counsel, the said house came into existence for the first time in 1969. In para 4 of the writ petition, it is averred that the land in dispute was situate in the midst of the abadi, there was Model Town and the Jat High School and College Hostel across the road and the building of the Government College for Boys constructed in 1954-55, at its back with the power house on one side and Shri Diwan Chand Petrol Pump on the other. It reply to this para, it has been pleaded by respondent 2, that the area of Khasra No. 8490 was shown as Banjar Qadim in the revenue records and consequently, it could be acquired in terms of Section 17 of the Act. It has not been specifically denied that the land was in a built up area of the town. Rather, it is stated that the existence of the Petrol Pump which belongs to Shri Diwan Chand in the adjoining area, was "not a relevant fact". In answer to para 4, however, it is averred by the respondents :-