MANGAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge here is to the acquisition of 59.53 acres of land in village Kharak Mangoli, Tehsil Kalka, District Ambala for the development and utilisation of land as residential and commercial area under the Haryana Urban Development Authority Act, 1977. The notification for the acquisition of the land under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on July 2, 1985 and that under Section 6 thereof on June 27, 1986. The award of Collector was thereafter made on June 26, 1988. Included in the land acquired was some land and buildings of the present petitioners.

(2.) The acquisition of the land acquired was sought to be impeached on a number of grounds. To begin with, it was said that there were well planned shops, commercial establishments and residential houses, as also a Timber Market and Motor Market catering to the needs of the residents of the area. There was thus no necessity or occasion for the acquisition of this land which was branded as being a colourable exercise for power to enable the Haryana Urban Development Authority to earn profits by sale of plots that it carves out from this area.

(3.) A plea of discrimination in the matter of acquisition of this land was also raised with particular mention being made of the Shopping Complex of one Shrimati Amarjit Kaur in village Majri being left out of this acquisition besides the residential and commercial area of villages Devi Nagar and Maheshpur.