SHANKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts appositely adverted to in the petition are: the land in dispute was acquired as described in the notification under Section 4 of the Land Acquisition Act for public purpose namely, for the development and utilisation of land as Residential, Commercial and Institutional Sectors 44 and 47, Faridabad. The public purpose in the notification under Section 6 of the Land Acquisition Act dated 2.9.1993 was described as ''for the development and utilisation of land as Residential, Commercial and Industrial Sectors 44 and 47 of Faridabad." It may be noticed, that concededly that compensation was awarded and some of the owners of the acquired land have already received the same.

(2.) The validity of the acquisition of the land in dispute has been challenged by the petitioners by way of this writ petition broadly on the following grounds:-

(3.) The submissions made by learned counsel for the petitioners have been refuted on behalf of the respondents, with the exception, that a religious institution like temple and adjoining school were released from the acquisition. It has been contended that the petitioners are estopped by their own act and conduct to challenge the acquisition in view of the efflux of time of 3 years. The notifications under Sections 4 and 6 of the Act categorically, and explicitly define the public purpose. The petitioners had the opportunity to raise effective objections against the acquisition.