KISHAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in the present writ petition is to the acquisition of land sought to be acquired vide notification dated 17.11.1989 issued under section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as "the Act") and notification dated 16.11.1990 issued under section 6 of the Act, inter alia, on the ground that the petitioners have raised construction on that part of the land and that the notification under section 6 of the Act was not published in the manner prescribed. The acquisition is, thus, alleged to be wholly illegal and discriminatory.

(2.) IT was pleaded in the amended writ petition that petitioner Nos. 1 and 2 are owners of Khasra No. 250/15/5 on which they have constructed a pucca residential house after spending more than Rs. 7 lacs. The acquisition was challenged on the ground that acquisition of such house will cause irreparable loss and injury to the petitioners. The said petitioners have also challenged the acquisition on the ground that while publishing notification under section 6 of the Act in the locality, Khasra No. 250/15/5 owned by the petitioners was not mentioned and, thus, the notification under section 6 of the Act is in contravention of the mandatory provisions of the Act as such notification has not been duly published.

(3.) IN the written statement to the unamended writ petition, the respondent denied the claim of petitioner Nos. 1 to 4 as totally false and concocted and made with mala fide intention. It is mentioned that in the survey conducted after the publication of notification under Section 4 of the Act, the land in dispute mentioned in para No. 2 of the writ petition was completely vacant. There was only one tube-well along with chamber over the land bearing Khasra No. 249//20/3 and there was no other construction at all. However, in respect of the construction allegedly raised by petitioner No. 5, it was mentioned that the said construction had a covered area of 300 sq. yards. Since petitioner No. 5 has not filed any objection under Section 5-A of the Act, the said petitioner cannot challenge the acquisition proceedings at this stage.