DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed by Dharam Pal and Jai Parkash Dhanda, two brothers of Narnaund, District Hisar. The petitioners have challenged the acquisition of their property measuring 38 kanals 6 marlas. The acquisition is by the State of Haryana for the urgent construction of Disposal Works and Sewerage Treatment Plant for Narnaund town which is the stated public purpose.

(2.) THE notification under Section 4 was issued on January 19, 2006. Dharam Pal filed objections stating that he was a small agriculturist and depended upon the acquired land for his livelihood. If the sewerage disposal plant was set up, there was danger of spread of disease in the locality because the acquired land was surrounded by residential houses. His land would be split up into small pieces and would be left without a connecting path.

(3.) THE main argument of the petitioners is that the Collector was bound to make some recommendation after hearing the objections. In the present case the Collector had simply forwarded the objections with his report but did not make the mandatory recommendation. The petitioners rely on Section 5(2) of the Land Acquisition Act. Under this provision the Collector was bound to give the objector an opportunity of being heard, either in person or by pleaders. After hearing the objections and making such inquiry as he thinks necessary, the Collector was to make a report to the Government containing his "recommendations" on the objections together with record of the proceedings held by him. This was to enable the Government to take a decision on the objections which shall be final.