ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant writ petition has been filed by the petitioners for quashing the Notifications dated 6.3.1990 (Annexure P-6) and 28.2.1991 (Annexure P-8) issued by the State of Haryana under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') respectively, for acquisition of the land of the petitioners for a public purpose, namely, for development of residential, commercial and institutional area in Sector 21, Kaithal, by the Haryana Urban Development Authority (for short, 'HUDA'); and further for issuance of a direction to the respondents to exempt their land from acquisition.

(2.) IN the year 1981, the petitioners and their predecessors purchased 8 Kanals of agricultural land comprising in Rect. No. 105, Killa Nos. 28/1/1(7- 0) and 23(1-0) situated at Patti Kaist Seth, Kaithal vide two registered sale deeds dated 20.11.1981 and 27.11.1981. The aforesaid land was purchased by them for establishing a residential colony to be named as 'Teachers Colony'. For that purpose, these persons formed an association. After purchase of the land, the plots were carved out and were allotted to the members of that association, after having the provision of streets and other necessary requirements of a colony. The site-plan showing the situation of the plots and the streets has been annexed with this petition as Annexure P-1. After allotment of plots to the individual members, some of the petitioners raised construction on the plots allotted to them and some of the petitioners raised the boundary walls to their plots.

(3.) AFTER release of the land, the petitioners started raising construction on their respective plots. Some of the petitioners built their houses and started living thereon and some of the petitioners raised boundary walls and made small construction. In the year 1990, the State of Haryana issued Notification under Section 4 of the Act of 6.3.1990 (Annexure P-6) for acquisition of 26.58 acres land by the Urban Estate Department for establishing residential, commercial and institutional area for Sector 21, Kaithal, by the HUDA. In the said Notification, the land in question measuring 8 Kanals, which was earlier released from acquisition by the respondents, was again acquired. On coming to know about the aforesaid Notification, the petitioners immediately filed objections under Section 5-A of the Act against the aforesaid proposed acquisition. It was submitted in those objections that the land was earlier released from acquisition by the State Government and most of the petitioners raised construction on the same. It was submitted that the land is being used by the petitioners for residential purposes and no useful purpose will be served to acquire the land for the very same purpose. The objections raised by the petitioners did not find favour with the respondents and it was decided to acquire the land belonging to the petitioners. Consequently, a declaration under Section 6 of the Act was issued by the State Government vide Notification dated 28.2.1991 (Annexure P-8). The petitioners have challenged the aforesaid Notifications dated 6.5.1990 and 28.2.1991 in the present writ petition.