PAWAN UPPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus or prohibition directing the respondents to forebear from taking possession of land situated near link road, Faridabad, on the basis of Notifications dated 1.10.1973 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') and 1.10.1976 (Annexure P-1) issued under Section 6 of the Act.

(2.) THE pleaded case of the petitioners is that one Mohinder Singh Mangat son of Waryam Singh was owner of the land in dispute which falls in revenue estate of Faridabad. Said Mohinder Singh Mangat raised two buildings on the land in accordance with the building plans sanctioned by the Municipal Committee, Faridabad. Subsequently, the land along with building was sold in favour of Ranjeet Kaur wife of Nahar Singh. It is pleased on behalf of the petitioners that Ranjeet Kaur leased out the land and building to petitioner No. 2 vide lease-deed dated 27.11.1973 and petitioner No. 2 is continuing in possession since then. He is carrying on business under the name and style of M/s. National Packing Industries, Link Road near Madhuban, old Faridabad City. All the formalities under the Sales Tax Act etc. have been completed and the unit is registered with various Government agencies.

(3.) THE argument raised on behalf of the petitioners is that petitioner No. 1 being the owner and petitioner No. 2 being the lessee over the land and that he is running a unit thereupon, the acquisition proceedings are illegal and also discriminatory therefore, are liable to be quashed. Despite the fact that a number of representations for release of the land made vide Annexure P-3 dated 20.12.1976, Annexure P-4 dated 19.4.1978 and Annexure P-5 dated 25.9.1978 were pending decision as is reflected from communications, Annexure P-6 dated 31.12.1979, Annexure P-7 dated 15.9.1980 and Annexure P-8 dated 16.3.1981 yet vide letter dated 26.11.1987, Annexure P-9, a direction has been straight away issued to the petitioners to deliver the possession of the property to the respondents. Accordingly, letter Annexure P-9 is totally illegal. The matter was still under consideration for release of land from acquisition and no decision on the representations was taken. The action of the respondents in acquiring land is discriminatory as similarly situated other units have not been acquired or have been released from acquisition. In this regard, a reference has been made to the order passed by the Hon'ble Supreme Court of India dated 23.8.1996 with regard to land acquired under the same Notification.