SUKHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in this petition under Articles 226/227 of the Constitution of India is to the notifications dated April 30, 1986 (Annexure P-1) and April 28, 1987 (Annexure P-3) issued under Sections 4 and 6 respectively, of the Land Acquisition Act, 1894 (for short called the Act).

(2.) By notification dated April 30, 1986, land measuring 86.48 acres situated in village Meola Maharajpur, Tehsil Ballabgarh, District Faridabad, was proposed to be acquired for a public purpose, namely, for the development and utilisation of land as Residential area in Sector 46 of the Faridabad-Ballabgarh Controlled Area. After consideration of objections received under Section 5-A of the Act, notification dated April 28, 1987, under Section 6 of the Act was issued whereby land measuring 84.96 acres was finally acquired.

(3.) Mr. M.S. Jain, Senior Advocate, learned counsel for the petitioners submitted that the lands owned by the petitioners are contiguous to the village abadi and they have built their houses on the land comprising of Khasra Nos. 19/1(0-2), 22(4-8), 18(1-0) 23(3-0) of Rectangle No. 69 and Khasra No. 1(4-0) of Rectangle No. 88 and the rest of the land is being used for tethering the cattle or as a courtyard of the houses etc. Learned counsel submitted that the land of other right - holders having construction, has been excluded from acquisition while issuing notification under Section 6 of the Act whereas the houses of the petitioners have not been excluded from acquisition and thus, this has resulted in discrimination. It was also argued that when the lands adjoining the lands of the petitioners had been left out of acquisition, there was no justification for acquiring the land of the petitioners.