GHANSHAM DASS GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of ours would dispose of this and the connected petitions - C.W.P. Nos.5627. 5628, 5643, 5680, 5678, 5679, of 1984 and 951, 935, 336, 69 and 893 of 1985, as common question of law and fact arises in all these petitions. In order to appreciate the controversy, certain salient features of this petition be noticed: Petitioners 1 to 5 are owners in possession of the land comprised in Killa Nos. 4618, 4619, 4620, 4630, 4639, 4640, 4641, 4642, 4643, 4644, 4645, 4646 and petitioners 6 and 7 are owners in possession of land comprised in Killa Nos. 4662, 4663 and 4664 situated at Tosham Road, Hissar, in equal shares. It is averred that the Town and Country Planning Department, Urban Estates of the Government of Haryana, issued a notification dated 15th December, 1969 under S.4 of the Land Acquisition Act (hereinafter referred to as the Act), for the acquisition of about 203 acres of land, including the land of the petitioners, for the alleged public purpose namely for the planned development of the area of village Hissar, but no action was taken by the Government and after the expiry of three years, the said notification lapsed. Thereafter, another notification dated 28th May, 1974, was issued by the Government of Haryana, Department of Urban Estates, under S.4 of the Act, for the alleged public purpose, namely, for the development and utilisation of land, as residential area, in the Urban Estate to be set up in the area of village Hissar. The said notification was for acquisition of 203.16 acres of land, including the land of the petitioners. As no further action towards the acquisition of the land was taken by the State Government, the said second notification was also allowed to lapse after the expiry of three years.

(2.) It is next averred that on 1st September, 1977, again a notification under S. 4 of the Act was issued for the land measuring 202.16 acres, including the land of the petitioners, for the development and utilisation of land as residential area, under the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as the 'Development Act'). After the issuance of the notification, no steps were taken by the respondents for completing the acquisition for some time and it was on 1st August, 1980 that a notification under S. 6 of the Act, acquiring 201.21 acres of land for the development and utilisation of land, as a residential area, was issued. The petitioners felt aggrieved and challenged the legality of the notifications issued under Ss. 4 and 6 of the Act, by filing C. W. P. No. 43 of 1981 Ghansham Dass Goyal v. State of Haryana. The said writ petition was allowed by a learned single Judge of this Court on 19th February, 1982, and the impugned notifications were quashed. The judgment in that petition is reported as Ghansham Dass Goyal v. State of Haryana, 1982 Pun LJ 146.

(3.) It is further averred that the respondents thereafter again issued a notification under S.4 of the Act, dated 23rd May, 1983, proposing to acquire 201.43 acres of land, for the purpose of development and utilisation of the land as residential area. A true copy of this notification is attached with the petition as Annex.-P-1. The petitioners filed objections under S.5-A of the Act, against the proposed acquisition within the period allowed on several grounds. The petitioners did not hear anything from the appropriate authority about the disposal of their objections nor was any notice received by them of the hearing of the said objections. To the surprise of the petitioner, the respondent 1 issued a notification dated 20th November, 1984, copy Annex.-P-3 to the petition, under S.6 of the Act, whereby the, land measuring 159.75 acres was finally acquired and that notification includes the land of the petitioners also. It is the legality of the two notifications issued under Ss.4 and 6 of the Act, dated 23rd May, 1983 and 20th November, 1984, which has been challenged in this and the connected petitions.