LAWS(P&H)-1998-11-70

MAM CHAND Vs. STATE OF HARYANA

Decided On November 09, 1998
MAM CHAND Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This is a petition by Mam Chand under Article 226 of the Constitution for quashing the notification dated October 22, 1997 issued under Section 4 and the notification of even date issued under Section 6 of the Land Acquisition Act, 1894 (for short, the 'Act').

(2.) Petitioner is the owner of certain land. Notifications under Sections 4 and 6 of the Act were issued by the State of Haryana on October 22, 1997 so as to ac- quire certain land situated in village Dadasya, Tehsil and District Faridabad. The land intended to be acquired included the land of the petitioner.

(3.) Learned Counsel for the petitioner has argued that the notifications under Sections 4 and 6 of the Act were issued simultaneously, which was not permissible under the Act. Declaration under Section 6 could be issued only after the publication of the notification issued under Section 4 of the Act and not on the same date. Both the notifications were published on the same date, namely, October 22, 1997.