JAI NARAIN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Challenge in the present writ petition is to the notifications dated 28.07.2010 and 03.08.2011 issued under Ss. 4 & 6of the Land Acquisition Act, 1894 (for short 'the Act') respectively.

(2.) The petitioner is owner of half share of land measuring 3 1/2 acres situated within the revenue estate of Villages Kasan and Khoh, Tehsil and District Gurgaon. The land situated in Villages Kasan and Khoh was subject matter of acquisition for setting up an 'Industrial Model Township'. The land of the petitioner measuring 1 Kanal 11 Marla was not acquired, when the notifications were earlier issued on 24.11.2006 and again on 17.07.2008. It is, thereafter, the notification dated 28.07.2010 under Sec. 4 of the Act was issued to acquire land measuring 1 Acre 2 Kanal & 13 Marla including the land of the petitioner measuring 1 Kanal 11 Marla for planned development of an integrated complex for industrial, residential, recreational and other public utilities etc. in Villages Khoh and Kasan, Tehsil and District Gurgaon. The petitioner filed objections as contemplated under Sec. 5A of the Act. The Land Acquisition Collector recommended that the land should not be acquired as residential house is in existence at the spot. However, the Financial Commissioner & Principal Secretary, Industries & Commerce, recorded a note on 25.07.2011 in respect of land of the petitioner forming part of Pocket E. The said note (Annexure P -10) reads as under:

(3.) Keeping in view the ground realities, we may have to negotiate with the landowners of pockets 'B', 'E' and 'E' by offering them alternate plots of the same size elsewhere. A decision on these adjustments would have to be taken only after issue of notification under Section -6. As such, it is proposed that the Government may issue notification under Section -6 in respect of all the land parcels at this stage. The HSIIDC would be advised to demarcate the exact land at site and discuss the possibilities of offer of alternate plots with these landowners within a period of next 2 -3 months.