BHAGWAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition was preferred by all the three petitioners but on August 22, 1991 the writ petition of petitioner Nos. 2 and 3 was dismissed. The petitioners challenged the legality and validity of the notifications Annexure P. 1 dated 8.3.1989 issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') and Annexure P. 3 dated 7.3.1990 issued under Section 6 of the Act.

(2.) In Khasra No. 691 the petitioner has got constructed a residential house after his retirement from the Air Force in the year 1979. The said house was constructed before the notification under Section 4, Annexure P.1, of the Act was issued. The petitioner filed an Objection-Petition under Section 5-A of the Act specifying therein that he had spent his entire money at the time of his retirement on the construction of temple and the Samadhi of his mother besides constructing the same.

(3.) The stand of the respondents in the return is that the land in dispute was completely vacant at the time of issuance of notification under Section 4 of the Act, According to the respondents, a survey was conducted and the land of the petitioner was found completely vacant. It is further the stand of the State that the possession of the land was taken over by the respondents.