LAWS(P&H)-1977-8-49

STATE OF HARYANA Vs. ROSHAN LAL TRIKHA

Decided On August 08, 1977
STATE OF HARYANA Appellant
V/S
ROSHAN LAL TRIKHA Respondents

JUDGEMENT

(1.) This judgment and order of ours would dispose of L.P. As. Nos. 235, 236 and 237 of 1974, filed by the State of Haryana as common questions of law arise in all these appeals.

(2.) Roshan Lal Trikha and others filed Civil Writ Petition No. 976 of 1973 out of which L.P.A. No. 235 of 1974 arises, Raghu Nath Sarup Bhatnagar and others filed Civil Writ Petition No. 745 of 1973 out of which L.P.A. No. 236 of 1974 arises, and State Bank of India Employees Co-operative Housing Society Ltd. through its secretary Shri Shiv Kumar filed Civil Writ Petition No. 980 of 1973 out of which L.P.A. No. 237 of 1974 arises. In the writ petitions notification No. LAC/NTLA/(P)-73/320 dated January 30, 1973, issued by the State of Haryana under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was impugned. The facts as given in the petitions, are almost identical and may be summarised thus :-

(3.) It transpires that the petitioners in Civil Writ No. 745 of 1973 challenged the aforesaid notification through Civil Writ No. 3707 of 1972 and the said petition was admitted by this Court and dispossession of the petitioners was stayed; that the State Government then withdrew the said notification through notification No. LAC/NTLA(P)-73/310 dated January 29, 1973 and again issued a fresh notification No. LAC/NTKA(P)-73/320 dated January 30, 1973 (Annexure A to Civil Writ No. 745 of 1973).