VIKRAM BAKSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment disposes of this and the connected writ petitions bearing C. W. P. Nos. 6992,6195,8968, 8969 and 8970 of 1992. In these petitions, challenge has been made to the acquisition of land measuring 160 Kanals situate in the revenue estate of village Lakkarpur, district Faridabad. The land was acquired by the Government of Haryana for a public purpose, namely, for the systematic development of the tourist place close to Surajkund, district Faridabad. Notification dated 8th/9th January, 1992 under Section 4 read with Section 17 (2) (c) of the Land Acquisition Act, 1894 (for short, the Act) was issued and it was followed by a declaration under Section 6 of the Act published in Government Gazette vide Notification No. 4/154/90-6pp, dated January 31,1992.

(2.) THE principal ground of attack in all these petitions is that resort to the provisions of clause (c) of sub-section (2) of Section 17 of the Act was not proper as no urgency existed. The purpose for which the land was acquired does not justify the abrogation of requirement of the provisions of Section 5-A of the Act. The statute creates a right in appropriate Government to acquire land needed for public and other purposes. The sovereign power of every State has an authority to appropriate for purposes of public utility land situated within the limits of its jurisdiction. Section 5-A enables a person, who is interested in the land which has been notified under Section 4 (1) of the Act, to file objections to the acquisition of the land. The grounds of objections which can be filed under Section 5-A of the Act, amongst others, are : (a) that the purpose for which the land is required is not a bona fide public purpose, or (b) that the particular land notified is not the best adapted to the purpose or that the area is greater than is necessary, or (c) that the land contains religious buildings, tombs and grave-yards. The right to file objections is taken away if the appropriate Government has invoked the provisions of Section 17 (2) (c) of the Act as amended by Punjab Act II of 1954, XVII of 1956. XLVII of 1956 and Act XXXI of 1966. Sub-section (2) of Section 17, as amended, reads as under

(3.) WE advised the learned State counsel to seek instructions from the Government whether it was willing to afford an opportunity to the persons interested in the land sought to be compulsorily acquired to file objections under Section 5-A of the Act, and after hearing and disposing of those objections, declaration under Section 6 of the Act should be made. The State counsel sought adjournment, which was allowed by us. The State counsel produced before us a communication bearing Memo No. TM-93/ap-III, dated nil addressed by the Director, Tourism, Haryana, Chandigarh to the Advocate General, Haryana, and the same reads thus :