RAM DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this petition filed under Articles 226/227 of the Constitution of India is for quashing notifications dated 3.9.1976 and 7.9.1976 under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the Act") whereby the land of the petitioners was acquired for the public purpose, namely, for setting up wrist watch manufacturing factory by M/s Indo Swiss Time Limited in Village Dundahera, Tehsil and District Gurgaon.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. Notification under Section 4 read with clause (c) of sub section (2) of section 17 of the Act was issued on 3.9.1976 whereby 28.18 acres of land of Village Dundahera was intended to be acquired for the public purpose, namely for setting up the wrist watch manufacturing factory by M/s Indo Swiss Time Limited in Village Dundahera, Tehsil and District Gurgaon. The land belonging to the petitioners existed in Hadbast No.66, Village Dundahera, District Gurgaon, Khasra Nos.103/206 -29/9/3(0 -13), 11/2(0 -9), 12/1(1 -0), 12/5(0 -9), 13/1/4 (0 -5), 29/18/3(0 -11), 19/1/1/(4 -1), 19/2/1(0 -9), 20/1(4 -9), 30/15/3/2, 16/1(4 - 13), 29/8(0 -5), 11/1/2(4 -9), 12/4/2(2 -13), 13/1/3/2, 112/237 -30/15/2(3 -0), 113/239, 241, 243, 245 -29/1(3 -3), 10(5 -12), 30/5/2(4 -8), 6(7 -11), 14/(8 -0), 15/1(4 -12), 119/256, 257 -30/17(8 -0), 18(6 -13), 124/271 -33/3(8 -0), 126/275 -29/21/2(5 -16), 22/2(1 -19), 30/25/2(5 -16), 33/5/2(3 -0), 34/1(6 -15) and 140/291 -30/13(2 -8). Notification under Section 6 of the Act was issued on 7.9.1976. After acquisition, the said land was transferred to M/s Indo Swiss Times Limited company in 1979 as per Jamabandi Annexure P.4. According to the petitioners, the gap period between 1976 to 1979 proved that there was no urgency and the acquisition was liable to be set aside.

(3.) WE have heard learned counsel for the petitioners and perused the record.