KHAZAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Khazan Singh and four others have filed this writ petition under Articles 226/227 of the Constitution of India for issuing a writ of certiorari, quashing the notifications dated 9th August, 1976, under Sections 4 and 6 of the Land Acquisition Act (for short 'the Act') acquiring some lands belonging to the proprietors of Village Pipli, Tehsil and District Sonepat.

(2.) Briefly stated the facts of the case are that during the consolidation proceedings certain lands had been required for the common purposes including the extension of the abadi deh. Despite land being available for this purpose, the respondents illegally and in colourable exercise of power issued notifications under Sections 4 and 6 of the Act for acquiring land belonging to the proprietors of the village for providing house-sites to the members of the Scheduled and Backward Classes and others. Provisions of Section 17 of the Act had been invoked and requirement for inviting objections under Section 5-A of the Act had been dispensed with.

(3.) Petitioners' case is that on 31st July, 1976, the Village Patwari went to the spot and carved out plots for landless persons and gave demarcation thereof to the allottees. The action of the Patwari in giving demarcation and of other respondents in issuing the notification and taking out proceedings for the acquisition of the land is wholly illegal, void and without jurisdiction and is colourable exercise of powers.