LAWS(P&H)-1998-3-43

PARTAP SINGH Vs. STATE OF HARYANA

Decided On March 30, 1998
PARTAP SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution of India, the petitioners have prayed for the issuance of a writ, order or direction in the nature of certiorari, prohibition, mandamus etc. restraining the respondents from issuing any fresh Notification under Section 6 of the Land Acquisition Act, 1894, and for setting-aside any such notification, if already issued.

(2.) THE facts of the case as have emerged from the record are as under :the State Government issued Notification No. 11/14-L-3, dated January 14, 1991 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for acquisition of land pertaining to village Saniana, Chamer Khera (18. 34 Acres) and Pabra, Majra and Kinala (34. 86 Acres), for a public purpose namely for constructing link channel from RD 9000-L Fatehabad Branch to RD 75,000 R Pabra Distributory for improvement of BML Barwala/sira Branch for the purpose of irrigation of uncommand area and for improvement of the command area. The said notification was published in daily 'tribune dated January 29, 1991 (copy Ann. P1 ). The land owners/interested persons were asked to file objections within a period of "30 days from the publication of this notification. The petitioners being persons interested filed stereo-type objections on February 27, 1991 in terms of Section 5-A of the Act. Copy of one of such objections filed on behalf of Sher Singh petitioner No. 1l is Annexure P2. According to the petitioners no action was taken on these objection petitions. However, from the perusal of the official file produced on the direction of the Court, it is found that these objections were rejected being barred by limitation on March 12, 1991. The land in question was acquired by subsequent notification dated February 18, 1991 under Section 6 of the Act published on 20. 2. 1991 and it was published in the 'tribune' on March 5, 1991. Thereafter one Raghbir Singh son of Shri Ganga Ram, who was also an interested person being the owner in possession of some of the land, approached this Court and challenged the acquisition proceedings by way of filing CWp No. 5620 of 1991. While issuing notice of motion, the Hon'ble Bench was pleased to observe as under:

(3.) THE objections raised by the land owners were heard by respondent No. 3 and disposed of in accordance with law. The writ petition filed by Raghbir Singh was finally disposed of on July 8, 1993 in view of the fact that earlier notification under Section 6 had already been withdrawn.