SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of above mentioned writ petitions, as common questions of law founded on somewhat similar facts arise for consideration before this Court. However, for the purpose of reference, facts are being culled our from Civil Writ Petition No. 10967 of 1982 titled Satish Kumar v. The State of Haryana.

(2.) BY filing this writ petition, the petitioner has prayed that a writ in the nature of Certiorari be issued to quash the notifications issued by the State of Haryana under Sections 4 and 6 (Annexures P/5 and P/6 respectively) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). It has further been prayed that respondent be directed not to acquire the constructed portion of house of the petitioner, which is situated in extended abadi of village Bana Madanpur, Tehsil Panchkula, District Ambala.

(3.) IT was further stated by the petitioner that respondent No. 1 issued notification dated 26th June, 1989 under Section 4 of the Act, showing its intention to acquire the land for residential, commercial and institutional purposes (Annexure P/5). Vide that notification, apart from land situated in village Ramgarh, land measuring 436 acres, 6 kanal, 16 marlas of Village Bana Madanpur, was intended to be acquired. Declaration under Section 6 of the Act was published on 25th June, 1990 (Annexure P/6). It was further case of the petitioner that after issuance of notification under Section 6 of the Act, he had made representation to the concerned authorities, stating that he had only one residential house which falls within the acquired land and made a prayer that it be exempted from acquisition. Without deciding his representation, notification under Section 9 of the Act was issued on 2.6.1992.