SANJAY MALHOTRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 6565 of 1991 and 8600 of 2000 as both the writ petitions have been preferred by the same set of petitioners, who impugn two different acquisition proceedings insofar as the same pertain to acquisition of their land by the State of Haryana. Since some of the issues are over -lapping, we propose to decide both the cases together. For better appreciation of the controversy, the facts of both the cases are noticed separately.

(2.) PETITIONERS No. 1 and 2 are brothers, while petitioner No.3 is their mother. They impugn the notifications dated 20th August, 1980 and 13th July, 1982 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 in short 'the Act' as also the notice under Section 9 issued in April, 1991 asking them to appear and file their objections, if any, on 03rd May, 1991 in respect of assessment of compensation for their acquired land comprising Khasra Nos. 121//19/1, 22, 26 situated in the revenue estate of village Jagadhri, Tehsil Jagadhri, District Yamuna Nagar.

(3.) IT appears that Khasra Nos. 242 and 243 where the factory was set up, were also proposed to be acquired vide notification dated 20th August, 1980 issued under Sections 4 of the Act, but on consideration of the objections and a request made by the father of petitioners No. 1 and 2, the State Government vide Memo dated 30th March, 1982 decided to release the above stated two Khasra Numbers, subject to the condition that the owner would enter into an agreement for payment of proportionate development charges and take requisite permission to raise the construction as per the approved plan. The agreement P -6 was accordingly executed and the land measuring 12 Bighas 4 Biswas comprising the above mentioned two Khasra Numbers was exempted from acquisition. The petitioners claim that much before the initiation of acquisition process they had entered into an agreement to purchase the subject -land as they needed it for access to their released land where the factory had been set up. However, the sale deed P -7 was executed on 07th April, 1981, i.e., after the issuance of Section 4 notification dated 20th August, 1980.