LAWS(P&H)-2006-5-308

MEHAR SINGH RATHI Vs. UNION OF INDIA

Decided On May 26, 2006
MEHAR SINGH RATHI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Government of Haryana needed land in village Sankhol Tehsil Baharduragh District Jhajjar for the development of an industrial area. Accordingly a notification under Section 4 of the Land Acquisition Act 1894 (in short the '1894 Act') was issued on 23.1.2001. After the observance of statutory provisions a declaration under Section 6 of the 1894 Act was also issued on 22.1.2002 (The declaration under Section 6 of the 1894 Act has been placed on the record of this case as Annexure P-5 but the date of notification has not been given. Different dates about this notification have been given in different writ petitions but a copy of the notification published by the Government of Haryana under Section 6 of the 1894 Act is placed as Annexure P-14 in C.W.P. No. 5006 of 2003 which is dated 22.1.2002). As a result a number of writ petitions came to be filed against the acquisition proceedings initiated by the notification dated 23.1.2001.

(2.) The State of Haryana had sought to acquire more land for the purpose of developing industrial residential commercial institutional area and other purposes. Therefore more notifications under Section 4 of the 1894 Act were issued by the State of Haryana so also the declarations under Section 6 of the 1894 Act. These notifications again gave rise to a number of writ petitions.

(3.) Although different objections were pleaded in different writ petitions to challenge the acquisition proceedings but the following points were common in all these writ petitions. Therefore. all these writ petitions numbering more than one hundred were grouped together: