BHOOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed for issue of a writ of certiorari to quash to notifications dated 10.9.1992 and 3.9.1993 issued by the Government of Haryana under the Land Acquisition Act, 1894 (for short, the Act).

(2.) THE case set up by the petitioner is that he purchased piece of land measuring 2 kanals in village Rudh, Tehsil Bawal, District Rewari from one Hari Singh son of Ram Sarup. Two sale deeds were executed on 26.11.1991 and 2.12.1992. The petitioner further says that he is an ex -serviceman and after discharge from Indian Army he got himself employed in Uni -product India Limited. However, when the Government of Haryana released self employment scheme he purchased the aforesaid land for setting up an industry and engaged four to five persons for the purpose of execution of his project. The petitioner further says that he started an industry of stone cutting in which the Marbal Stone, Dholpur Stone, Kota Stone and Kund Stone are being cut. For this purpose, he has spend a sum of Rs. 4 lacs and has raised boundary walls over the plot in dispute. He further says that his industry exists near Tanu Restaurant. It has further been alleged by the petitioner that vide notification dated 10.9.1992 issued under Section 4 of the Act the Government of Haryana proposed acquisition of various parcels of land including the land of the petitioner for setting up of the growth centre at Bawal in District Rewari. This notification was not published in accordance with section 4 of the Act and without following the procedure prescribed under the law the Government issued notification dated 6.9.1993 under Section 6 of the Act.

(3.) RESPONDENTS 1 and 2 have contested the writ petition by stating that the growth centre proposed to be set up at Bawal is one amongst 61 such growth centres planned to be set up throughout the country. The main object of the scheme of growth centre is to create industrial township for promoting basic industrial infrastructure, housing colonies, commercial sites and other basic amenities like hospital, schools, college etc. Each such growth centre will be provided with Rs. Ten crores by the Government of India. For setting up of the growth centre, acquisition of land upto 400 -800 hectares is essential and keeping in view the objective of the scheme, the Government of Haryana decided to acquire the land. Consequently, notification Annexure P7 came to be issued on 10.9.1992 for acquiring about 1000 acres of land falling in Tehsil Bawal, District Rewari. In regard to the petitioner's land, the respondents have pleaded that the land did not vest in the petitioner upto the date of the publication of the notification dated 10.9.1992 and there is a serious dispute regarding the ownership of the land. Even the mutation was not allowed in favour of the petitioner. The respondents have then stated that the land in dispute is under agricultural cultivation and the crops of sarson, barley, wheat etc. have been sown after the issuance of the notification and if any construction had been made on this land after the issue of notification dated 10.9.1992 the petitioner cannot make any capital out of it. The respondents have relied upon Jamabandi for the year 1988 -89 and Khasra girdawaris of the years 1989 -90 to 1993 -94. On the issue of the publication of the notification, the respondents have pleaded that the notification dated 10.9.1992 was published in the gazette as well as two newspapers i.e. Veer Arjun (Hindi) and National Herald (English). The petitioner filed his objections on 14.1.1993 which were duly considered and were rejected after giving personal hearing to him. The respondents have denied hostile discrimination between the petitioner and others by stating that each case for exemption from acquisition was examined on its own merits and the competent authority granted exemption after due consideration of each case on merits.