JAI PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners, in these petitions, have challenged the acquisition proceedings initiated by the State of Haryana for the purpose, namely, "for the development and utilisation of land for Residential, Commercial and Institutional Sectors 65, 66, 67 and 68, Sonepat". To achieve this purpose, the State had issued notification under Section 4 of the Land Acquisition Act, 1994 (for short, 'the 1894 Act') on 17.11.2005. By this notification, the respondent-State sought to acquire approximately 2068 acres of land spread over few villages in the area. Notification under Section 6 of the 1894 Act was issued on 7.2.2006 and by virtue of this, the State actually acquired 2026.87 acres of land. In between issuance of these two notifications, objections under Section 5-A of the 1894 Act were invited and the petitioners submitted their objections on 16.12.2005. Notices for announcement of award under Section 9 of the 1894 Act were issued on 1.3.2006 and the award itself was announced on 2.3.2006.

(2.) THE petitioners have impugned the process of acquisition resorted to by the State by saying that there was complete non-application of mind by the State and that their right to be heard before the issuance of notification under Section 6 of the 1894 Act had been seriously prejudiced because of undue haste shown by the State and its authorities in acquiring their land.

(3.) APART from this, they have pleaded that the proceedings were vitiated because the sanction of the government was not taken before the pronouncement of the award as is the requirement under Section 11 of the 1894 Act. The petitioners have further contended that the acquisition was also contrary to the provisions of the National Capital Region Planning Board Act, 1985 (for brevity, 'the 1985 Act').