GULSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) GULSHAN Kumar and another through present petition filed by them under Article 226 of the Constitution of India seek writ in the nature of certiorari so as to quash notification dated February 23, 1989 issued Under Section 4 of the Land Acquisition Act as also the follow-up declaration Under Section 6 of the Act dated February 22, 1990 (Annexures P-l and P-2 respectively) vide which their land was acquired for a public purpose, namely, for the development and utilization of the land as residential and commercial for Sector 17, Panipat under the Haryana Urban Development Authority Act, 1977.

(2.) IN support of the petition, it has, inter-alia been pleaded that the petitioners were owners of two plots which were purchased by them vide two registered sale deeds dated August 11, 1987. Each plot measures 3 biswas and are situated within the revenue estate of Patti Insar and comprised in Khasra No. 3762/2 min. Immediately after purchasing the plots, petitioners raised substantial construction of 'a' class. A site plan, Annexure P-3, has been annexed with the petition to show that these two plots are within red line and the construction is shown in brown colour. The construction is said to have been completed after the purchase of land and much prior to issuance of notification Under Section 4 of the Act. The plots of the petitioners are stated to be part and parcel of 100 plots of Arya Colony, Panipat which has been fully developed as modern colony. Practically, 80% of the plots were having construction much prior to the issuance of notification Under Section 4 of the Act. After notification Under Section 4 was issued, petitioners filed their objections Under Section 5-A of the Act and pleaded therein that their 'a' class construction should be left from the array of acquisition. When the objection filed by the petitioners brought no tangible results the present writ was brought in this Court.

(3.) THE matter has been contested on behalf of the respondents but in paragraph- 3 of the written statement it has been pleaded that the construction area alongwith proportionate area measuring three biswas has been left out of acquisition by the Government. The authenticity of site plan, Annexure P-3, has not been questioned. The specific averment of the petitioners that development of the colony has to be integrated and not segregated, has not been denied.