LAWS(P&H)-2013-8-1146

AUTOMETERS LTD Vs. STATE OF HARYANA & ANR

Decided On August 20, 2013
AUTOMETERS LTD Appellant
V/S
STATE OF HARYANA AND ANR Respondents

JUDGEMENT

(1.) The petitioner company runs an industrial unit and its factory is located at Ballabgarh, 53 km from Delhi-Mathura Road in District Faridabad. The petitioner impugns the notifications dated 26.12.1988 and 22.12.1989 issued under Sections 4&6 of the Land Acquisition Act, 1894 (in short, 'the Act'), respectively in respect of acquisition of land measuring 33K-4M situated within the revenue estate of Jharsentli, Tehsil Ballabhgarh, District Faridabad.

(2.) The petitioner-company was owner in possession of land measuring 93K-17M. Over 60K where the industrial unit and various sheds to provide allied services were built-up, was not included in the acquisition but only the vacant land measuring 33K-4M was included in the acquisition made for the purpose of development of Industrial Area in Sector 58, Faridabad.

(3.) The precise grievance projected by the petitioner is that much before issuance of Section 4 notification dated 26.12.1988, it had applied and was granted Change of Land Use (CLU) for its entire land measuring 93K-17M and a part of the land was kept vacant by it for future expansion. The site plan depicting functional unit of the petitioner along with allied constructed area has also been appended with the writ petition.