DHANA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed under Articles 226 and 227 of the Constitution of India by Dhanna Ram son of Ram Lal, resident of Nalapura. Tehsil Narnaul. District Mohindergarh to issue a writ of certiorari quashing the impugned notification dated 4-5-1972, copy of which is Annexure D to the petition issued under Section 4 (1) of the Land Acquisition Act, and notification dated 14-11-1973, copy of which is Annexure 'f' to the petition, issued under Sections 6 and 7 of the Land Acquisition Act, whereby agricultural land of the petitioner and others has been proposed to be acquired for the construction of General Bus Stand at Narnaul.

(2.) IT is alleged that Shri Ram Saran Chand Mittal, Minister of Finance. Government of Haryana. Respondent No. 4, contested election to the Haryana State Legislative Assembly from Narnaul constituency and he was opposed by Shri Manohar Lal Saini, Advocate of Narnaul, and that the petitioner was an active supporter of the latter and on account of this. Respondent No. 4 was nursing a grudge against him and in order to cause damage to him, he got his land acquired although the other land was approved by the Committee constituted for this purpose. It is mentioned that the construction of the Bus Stand was approved at site No. 3 shown in the plan attached to the writ petition but the respondent No. 4, in order to deprive the petitioner of his land, got the land marked at No. 2 (b) in the plan acquired, which included the land of the petitioner.

(3.) THE writ petition was contested by the respondents. On behalf of the State of Haryana, the Provincial Transport Controller and the General Manager, Haryana Roadways, Rohtak, now at Rewari, Shri T. R. Sharma. H. C. S. filed an affidavit, wherein he denied the allegations made in the petition. It was stated that the site in dispute, which comprised the land of the petitioner was selected by the Siting Board in its meeting held on 25-10-1971 and at that time Shri Ram Saran Chand Mittal, Respondent No. 4. Was neither instrumental nor had any say in deciding the land to be acquired for the construction of the Bus Stand. Since most of the land comprised in site No. 3 shown in the plan was evacuee property, regarding which a dispute was pending with the Chief Settlement Commissioner. Rehabilitation, it was, therefore decided to acquire the disputed land. Similar is the written statement filed by the Land Acquisition Collector. Respondent No. 5. Shri Ram Saran Chand Mittal. Respondent No. 4, in his affidavit denied the allegations made by the petitioner against him as baseless incorrect and vague. He admitted that in the last Assembly election held in February/ March. 1972, one Manohar Lal Saini contested the election against him on Vishal Haryana Party ticket. It was pleaded that he was appointed Minister in October, 1972, that he was neither a Minister nor he held any administrative office under the Haryana Government, when the notification under Section 4 of the Land Acquisition Act to acquire this land was issued or when the decision to acquire this land was taken in the year 1971. The petitioner filed a replication denying the allegations made by the respondents in their returns.