ASHA MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant petition is directed against the notification issued under Section 4 on 23.2.1989 and declaration made under Section 6 on 22.2.1990 (Annexures P-2 & P-24) of the Land Acquisition Act, 1894 (for brevity, 'the Act'). The public purpose for acquisition of the land is for the development and utilisation of land for residential and commercial area for Sector 13, Panipat.

(2.) BRIEF facts of the case are that the petitioners are owner of land measuring 3 Bighas 14 Biswas, comprised in Khasra No. 4428/2 and 4430/2, situated in Taraf Insar Panipat. The land in question was purchased by them vide sale deeds dated 25.3.1988 and 6.5.1988. It is claimed that the petitioners have spent huge amount of 35-40 lacs for leveling of land and raising construction for setting up factory under the name and style of 'The Karigar Factory'. The machinery worth crores of rupees was installed in December, 1988 and the factory started functioning prior to 31.12.1988. It has been further claimed that the petitioners have about 200 employees and the unit is producing export oriented merchandise.

(3.) THE petitioners have claimed that after considering the objections, a survey was conducted by the officials of the Land Acquisition Collector- respondent No. 4 and vide letter No. 1365, dated 9.6.1994, recommendation was made to the D.T.P. Panipat for release of the factory belonging to the petitioners. A list of release cases in Sector 13-17, Panipat, which was prepared by Shri Randhir Singh, J.E., has been placed on record as Annexure P-4, wherein at Sr. No. 23 the name of the factory of the petitioners appears.