CHANDER BHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this writ-petition under Articles 226 and 227 of the Constitution, the petitioners impugn Notification No. 4379-51B-69/11774, dated 8th May, 1959 (Annexure 'E') and Notification No. 4379-51E-69/11809, dated 9th May, 1969 (Annexure 'F'), issued by the respondent State for acquiring certain lands belonging to the petitioners.

(2.) Some undisputed facts may be noted. The erstwhile State of Punjab by a notification, dated 31st December, 1962, under Section 4 read with Section 17(2)(c) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') acquired 12,788 acres of agricultural land situate in the revenue estate of Ganaur, at the instance of respondent 4 (M/s. Bharat Steel Tubes Limited, Ganaur, hereinafter referred to as the 'Company'). The State after taking over possession handed it over to Respondent 4, who constructed buildings and residential quarters only in an area of about 35 acres of that land, while the rest of the land is lying in its original condition.

(3.) Subsequently, the former State of united Punjab issued Notification No. 3136-4HG-66/13032, dated 18th May, 1966 (Annexure 'B') and Notification No. 6747-4MG-66/24598, dated 5th September, 1966 (Annexure 'C') under Section 4(1) of the Act, expressing its intention to acquire the land covered by those notifications for construction of the houses of the industrial workers under the Subsidized Industrial Housing Scheme. The petitioners and other landowners affected by those notifications preferred objections under Section 5-A of the Act, asserting that it was not needed by the Company and that it should not be acquired.