JAGDISH RAI Vs. STATES OF HARYANA

JUDGEMENT

(1.) THESE are two petitions being C. W. P. Nos. 3020 and 3021 of 1973 preferred by two property owners, who both are now dead and represented by legal representatives, challenging acquisition of their land situated in Bahadurgarh, District Rothak. An effort had been made by the State of Haryana in conjunction with the Municipal Committee, Bahadurgarh, to acquire the land of the petitioners for the purposes of constructing a shopping centre as also a public park. Notifications issued by the State Government under S. 4 of the Land Acquisition Act and its declaration under S. 6 for the purpose are the subject matter of challenge in these petitions. Besides, the aforesaid two petitions there is one other being C. W. P. No. 3130 of 1973 preferred by Rizk Ram and others through Shri Kartar Singh Kwatra, Advocate, who is no more. The petitioners in that petition are not yet represented by any counsel. Since the points raised herein are common to all the three petitions, reference to the same has become necessary, as all the three petitions have been listed together.

(2.) FOR facility of disposal facts from C. W. P. No. 3020 of 1973 be taken note of. The petitioner therein claimed to be in possession of land situated within the municipality of Bahadurgarh fully detailed in para 1 thereof. He initially obtained the land as vacant from the erstwhile owners but claims to have raised construction thereon at considerable cost and subjected himself to the liability of paying property tax as well. The petitioner claims that alongside his property there was a pond in part of Khasra No. 2214 which the Municipal Committee, Bahadurgarh thought of converting into a park. Though the object was laudable, the Committee out of sheer greed and vindictiveness set up a proposal not only for Khasra No. 2214 including the pond portion thereof but also proposed to acquire the land of the petitioner with view to setting up a shopping centre there. On such movement it is undisputed that the State of Haryana issued notification under S. 4 of the Land Acquisition Act on 14th Dec. 1970, Annexure 'b' to the petition, the relevant portion whereof is reproduced here :

(3.) THE petitioner filed objections under S. 5-A of the Act, copy of which is appended as Annexure 'c', taking therein a specific objection that the municipality could not acquire an area for the setting up of a shopping centre as it would be violative of S. 58 of the Punjab Municipal Act. All the same, apprehending his objections would be turned a deaf ear to and in that event a declaration under S. 6 would follow, he searched and came to know that such a declaration under S. 6 of the Act had in fact been published in Government Gazette on 7th Aug. 1973, a copy whereof is Annexure 'd' to the petition. The relevant portion of that declaration is to the following effect:-