MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, we are disposing of five writ petitions bearing CWP Nos. 2925, 2926, 2927, 2999 and 3001 of 1994 as the points of law raised in all these petitions are identical. For deciding these cases, we have taken up the facts from CWP No. 2925 of 1996.

(2.) BRIEFLY stated the facts of the case are that the respondents had issued notification dated 2nd March, 1993 (Annexure P. 2) under section 4 of the Land Acquisition Act (hereinafter referred to as the Act) for acquisition of 413. 69 acres of land for development of Sector 18 at Panipat for residential, industrial and commercial purposes. The petitioners filed their objections under section 5-A of the Act and after considering the said objections filed by the petitioners, the notification dt. 1st March, 1994 (Annexure P-4) was issued under section 6 of the Act. On 7th February, 1996, notice (Annexure P-6), under section 9 of the Act was issued and the award was announced on 28th February, 1996.

(3.) THE learned counsel further submitted that the land measuring one bigha two biswas had been released to the petitioners from acquisition by the respondents in C. W. P. No. 2925 of 1996 and land measuring 0. 8 Biswas had been released to the petitioners from the acquisition by the respondents in CWP No. 2926 of 1996, but the respondents had not consulted the petitioners while deciding the portion of land to be released. He, therefore, contended that the land which was being left out of acquisition should be decided by the respondents in consultation with the petitioners in order to enable them to have separate dwelling units of their choice.