DEVI SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) THIS writ petition arises out of matter relating to acquisition of land comprised in khasra No. 117. which is a thoroughfare connecting village-Chitana with village-Karawri, situate within the limits of village Chitana (hereinafter called the land ). The brief facts, as averred by the petitioners in the writ petition, are as under:

(2.) THEY being landowners of vil-lage-Chitana. were co-owners with other persons in the land and they along with other residents of the said village and other villages had been using the same as thoroughfare. In or about the year 1972, the Public Works Department (Drainage Division), Haryana, planned to dig a drain through the land from village-Karawri to village-Chitana. Thereupon, Gram Sabha and Gram Panchayat brought suit for perpetual injunction restraining the Public Works Department (Drainage Division ). Haryana, from digging the said drain. The respondents gave written undertaking in that suit that they would not dig the drain except in due course of law and the suit was, therefore, withdrawn on that undertaking. In the month of July, 1973, the Collector. Land Acquisition, Public Works Department (Irrigation Branch), Ambala, served notices under Section 9 of the Land Acquisition Act (hereinafter called the Act) on the petitioners, requiring them to appear before him on July 28, 1973. at Karawri to represent their respective interests in the land. Despite their representing that no notice under Section 4 (1) of the Act had been published, the Collector (Respondent 2) made the award (Annexure D ). Therefore, the petitioners filed this writ petition for an appropriate writ, direction or order prohibiting the respondents from digging the drain. They challenged the acquisition of the land on the grounds that no public notice of the substance of the notification published in the official Gazette (hereinafter called the gazette) was given at convenient places in village-Chitana. that the land had not been acquired for a public purpose, and while acquiring the land the provisions contained in the Northern India Canal and Drainage Act had not been complied with. It was averred that there is pond of sacred temple of Bhagwati Devi in village-Chitana, which is venerated by the residents of that village and the neighbouring villages, and the drain, when dug, would flow the dirty water of the pond of village-Karawri into the aforesaid pond of the temple and thereby contaminate its water and this would pose a major hazard to the peace and danger of communal riots and result into trouble and widespread unrest. It was further averred that digging of the drain, which would be along the land, would narrow down the thoroughfare from 6 Karams to 2 Karams in width, leaving insufficient passage for carts or vehicles.

(3.) THE respondents put in written statement resisting the writ petition. Their pleas were that the width of the land was 33 feet out of which 11 feet only would be consumed by the drain, that the drain was being dug for public purpose as it would save about 150 acres of land and crops standing thereon from inundation during rainy season, and that notification under Section 4 of the Act was duly published in the gazette on January 23, 1973, and public notice of the substance of that notification was given in village-Chitana on February 23, 1973. It was admitted that no compliance with the provisions of the Northern India Canal and Drainage Act was made. It was, however, added that it was not necessary since the land had been acquired under the provisions of the Act, The existence of temple of Bhagwati Devi was denied. It was, however, admitted that the drain would flow the water of the pond of village-Karawri into the pond of village-Chitana, but it was stated that it would not lead to any contamination of water in the pond of village-Chitana. The respondents had filed the affidavit of Hawa Singh Patwari, to the effect that public notice had been proclaimed in village-Chitana through Sikander Chowkidar. The petitioners have produced affidavits of Sikander Chowkidar, Dev Singh and 11 other residents of village-Chitana, indicating that no public notice under Section 4 had been given.