DALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide notification No. SE/Karnal Circle P.W.D., B. and R./934/R. dated March 19, 1986 issued under Section 4 of the Land Acquisition Act, 1894 as amended up-to-date, State Government of Haryana in the P.W.D. (Buildings and Roads) Branch acquired 1626 acres of agricultural land for the construction of pacca road from village Sewan to village Kheri Gulam Ali, both situated in Kaithal tehsil of Kurukshetra district.

(2.) Twenty-three petitioners in CWP No. 2892 of 1989, who are all residents of village Kheri Gulam Ali and owned 360 Kanals 5 Marlas of acquired land detailed in para 2 of the writ petition aforesaid have assailed the notification of acquisition on the grounds (i) that a kacha road marked CDEF which is 27-1/2 feet wide already exists from village Sewan to village Kheri Gulam Ali, that another Kacha road nearly 16-1/2 feet wide already exists upto village Sewan and is, therefore, required to be extended from Sewan to village Sewan only and as such the acquisition of disputed lands cannot be said to have been made for a public purpose; (ii) that a gurdwara and many tube-wells fall on the way which may have to be demolished/closed down if the proposed road is allowed to be built; (iii) that there has been no publication of the notification in two leading newspapers as required by law nor has the acquisition notification been published at site; and that (iv) illegal and mala fide acquisition is going on at the instance of local M.L.A. who is out to wreak vengeance against the petitioners for their having not voted for him at the elections.

(3.) In reply the State admitted the existence of both the kacha roads, one 27-1/2 feet wide and the other one 16 feet wide and stated that neither of the two kacha roads aforesaid was, in fact being used by people as means of approach from village Sewan to village Kheri Gulam Ali. In fact, the 27-1/2 feet wide kacha road passed through a thick jungle inhabited by wild animals and, therefore, the people were not using it. It was also asserted that 15 'Deras' fall on the way. Residents of these 'Deras' could not use the kacha road aforesaid because of its being circuitous and inordinately long distance. It was for the reasons aforesaid that State Government had on a popular demand decided to build the pacca road and acquired the land for it. The allegation of existence of any gurdwara or tube-well on that way was denied. It was further stated that the land was being acquired for a public purpose and the alleged infirmities did not exist either in the contents or the manner of due publication of the impugned notification. It was, therefore, asserted that the writ merits dismissal.