SURAJ MAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution the prayer made is for quashing the notification dated 20.6.2005 (Annexure P.4), notification dated 19.6.2006 (Annexure P.6) as well as the notice dated 7.2.2007 (Annexure P.7) under Section 9 of the Land Acquisition Act, 1894 (for brevity 'the Act') being totally arbitrary, illegal and unjust.

(2.) VIDE notification dated 20.6.2005 (Annexure P.4) the State of Haryana proposed to acquire land measuring 295.14 acres of land falling under Hadbast No. 75, Village Wazirabad, Tehsil and District Gurgaon and 162.40 acres of land falling under Hadbast No. 76, Village Haiderpur Viran, Tehsil and District Gurgaon for public purposes namely for the development and utilisation of land for residential, commercial, institutional and open spaces for Sector 52A, 53 and 54 at Gurgaon under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority. Objections, if any, were to be filed within 30 days. The petitioner filed detailed objections under Section 5A of the Act within time. It is averred that without deciding the objections and granting an opportunity of being heard, the respondents on 19.6.2006 issued notification (Annexure P.6) under Section 6 of the Act.

(3.) WE have heard the learned Counsel for the parties.