SOHAN LAL BHAGAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of CWP Nos. 3275, 4455, 4498, 5386, 5405, 5419 and 5423 of 1985, as common questions arise therein, since the land of the petitioners was acquired under the same notifications issued under sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter called 'the Act').

(2.) The State of Haryana issued a notification under Section 4 of the Act published on 1st September, 1981, for acquiring different areas in the Revenue estates of Gaunchhi, Saran and Mujasar, tehsil Ballabgarh, district Faridabad, for the purpose of development and utilisation of land as residential and commercial area in Sector 23, Faridabad. Later on notification under section 6 of the Act was published on 5th November, 1982. Notice under section 9 of the Act issued to the owners to appear before the Estate Officer, Faridabad, on 11th July, 1984 at 10.00 A.M. However, no award was given and since award was not given, the possession of the land was not taken.

(3.) Since award fixing market price and awarding compensation was not given, these writ petitions were filed on the basis that acquisition was mala fide and was a colourful exercise of power to acquire the land in order to peg down the prices on the date of issue of notification under Section 4 of the Act, and as such the acquisition was hit by the judgments of this Court referred to in the writ petitions in which for the aforesaid reasons the acquisitions were quashed. Similar view was taken by a Full Bench of this Court in Radhey Sham Gupta and others v. State of Haryana and others, 1982 RajdhaniLR 426.