MITTAL WEAVING MILLS Vs. STATE OF HARYANA

JUDGEMENT

(1.) EVEN though prayer in the present writ filed under Article 226 of the Constitution of India is to quash notifications issued under Sections 4 and 6 of the Land Acquisition Act on February 23, 1989 and February 22, 1990 respectively, the only prayer made at the time of arguments is to exempt from the array of acquisition the open space which it is stated by learned counsel for the petitioner is necessarily required to run the weaving factory which consists of constructed area of 744 sq. yards i. e. equivalent to 14 biswas. The total land on which the aforesaid factory of petitioner has been constructed, as per site plan, Annexure P-3, authenticity of which has not been disputed, is 14 biswas. It is the case of respondent-State that in such like matters open space equivalent to constructed area is left out from acquisition and in the present case as well open space equivalent to constructed area has been left out. A bare look of site plan, Annexure P-3, would make it clear that even though this is the stand of respondent-state that open area to the extent of constructed area has been left out but the same is not factually correct. As mentioned above, constructed area is 14 biswas whereas vacant space is only 6 biswas. If an equivalent area was to be left out from the array of acquisition, the State would have left an area of about 14 biswas but herein only 6 biswas of land has been acquired leaving no open space whatsoever for the petitioner. This being contrary to the stand of respondents themselves so reflected in the written statement can not sustain and, therefore, the open space which, as referred to above, is otherwise also necessary for running the factory, is ordered to be released from the array of acquisition.

(2.) THIS petition is allowed in the manner indicated above. Parties are, however, left to bear their own costs.