HIRA LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment disposes of C. W. P. No. 2427 of 1991, C. W. P. No. 5018 of 1991, C. W. P. No. 3354 of 1991, C. W. P. No. 2932 of 1991 and C. W. P. No. 3299 of 1991 since common question of law arises for determination therein.

(2.) IN these petitions challenge has been made to Notification dated March 8, 1989 under S. 4 of the Land Acquisition Act, 1894 (for short the Act) and declaration under S. 6 of the Act dated March 7,1989. A reference to relevant facts has been made from the pleadings in C. W. P. No. 2427 of 1991 except where it is otherwise necessary, reference has been made to the pleadings in other writ petitions. Land measuring 224. 96 acres situated in village Kadipur, District Gurgaon was acquired for development and utilisation of same for residential and commercial area of Sectors 9, 9-A and 10 at Gurgaon. The landowner-claimants filed objections under S. 5-A of the Act and some land was excluded from acquisition. After the decision of the objections under S. 5 A of the Act, declaration under S. 6 of the Act was issued. Some land which was acquired under S. 4 of the Act was released from acquisition belonged to Singla Rubber Industries, The petitioner had raised Poultry Farm and his land had not been excluded from acquisition. The action of the Collector for not excluding the land under the Poultry Farm is arbitrary.

(3.) IN C. W. P. No. 5018 of 1991, the petitioner is stated to have raised building on the land comprised in Khasra No. 1142/1. The property is within Municipal limits of Gurgaon and is assessed to House Tax. The Land Acquisition Collector released from acquisition the land belonging to S. K. Gupta, Nihal Singh and Ram Kishan. The land of others similarly situated was also released from acquisition.