SIRI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHETHER the provisions of Section 17 of the Land Acquisition Act, 1894, are at all attracted to the exercise of the power under Ss. 35 and 36 of the said Act for the temporary occupation of land is the solitary though significant question which has necessitated the hearing of this writ petition by the Division Bench.

(2.) LEARNED counsel for the petitioners had expressly confined himself to the aforesaid pristinely legal issue and the facts relevant thereto are not at all in dispute. Admittedly the respondent-State issued the impugned notification, Annexure P-1, for acquiring land temporarily for taking earth for the construction of Ring Bund around village Khudan in Tahsil Jhajjar, District Rohtak, wherein they invoked the emergency powers under Section 17 of the Land Acquisition Act, 1894 (hereinafter called the Act ). Aggrieved thereby the petitioners have preferred this writ petition to frontally assail the validity thereof.

(3.) INEVITABLY the controversy rages around the notification, Annexure P-1, which is under strenuous challenge and it is, therefore, apt to quote the relevant part thereof :-