NAWAL KISHORE BATRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have challenged the acquisition proceedings initiated by the respondents. A notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 16.6.2003 by Financial Commissioner and Principal Secretary to Government of Haryana, Revenue Department expressing the intention of the government to acquire land for a public purpose, namely, "for development/beautification on the northeast of "Raja Harsh Ka Tilla", a centrally protected monument at Thanesar by the Government of India, Archaeological Survey of India". The petitioners filed objections under Section 5-A of the Act on 11.7.2003. Thereafter, the government issued notification under Section 6 of the Act.

(2.) THE case of the petitioners, in nut-shell, is that there has been violation of Section 4 of the Act, in-as-much-as, substance of the notification was not affixed at a proper place and this has resulted in gross violation of the provisions of the Act, as a result of which the entire acquisition proceedings must fail.

(3.) DURING the course of proceedings, Union of India was also impleaded as party respondent. It has filed a separate written statement and has supported the acquisition by stating that there was sufficient compliance of Section 4 of the Act and the petitioners cannot be permitted to obstruct the acquisition proceedings.