LAWS(P&H)-1998-2-25

SIRI PAL Vs. STATE OF HARYANA

Decided On February 05, 1998
SIRI PAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This order will dispose of Civil Writ Petitions Nos. 157, 158, 159 and 582 of 1996 as a common issue relating to the validity of the notification regarding acquisition of land arises in all the 4 cases. The petitioners in these writ petitions pray that the notifications dated November 9, 1992 and November 6, 1993 issued under Ss. 4 and 6 of the Land Acquisition Act, 1894, be quashed. Learned counsel for the parties have referred to the factual position in Civil Writ Petition No. 157 of 1996. It may be briefly noticed.

(2.) A notification under S. 4 was issued on November 9, 1992 for acquisition of land situated in different villages in district Sonepat including land measuring 329.73 acres in village Sultanpur. The land was being acquired for the public purpose of development of residential and commercial area. After consideration of the objections, a notification under S. 6 was issued on November 6, 1993 in respect of land measuring 329.03 acres. The land belonging to the petitioners was included in the acquisition. The petitioners have inter alia alleged that after the publication of the notification under S. 6, the State has excluded some land from the acquisition proceedings. However, no exemption has been granted in respect of the land belonging to the petitioners. On this basis it has been alleged that "the action of the respondent-State is wholly discriminatory and violative of Art. 14 of the Constitution of India." The petitioners, thus, pray that the notifications be quashed.

(3.) The claim made on behalf of the petitioners has been controverted by the respondents. In reply to the charge of discrimination, it has been specifically pointed out that