VIJAY PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The order will also dispose of Civil Writ Petition No. 2788 of 1987 as the question involved is common in both the cases.

(2.) Total land measuring 154 Kanals 19 Marlas was acquired under notification under section 4 of the Land Acquisition Act, 1984 (hereinafter referred to as 'the Act'), dated October 13, 1983 for the construction of New Grain Market, Staff Quarters, Rest House, Gadda Shed etc., for the Market Committee, Rewari. Notification under section 6 of the Act was issued on October 13, 1986. Petitioner Vijay Pal Singh whose land measuring 1 Kanal was acquired out of the total land acquired, filed the present writ petition dated November 26, 1986 challenging the said notifications Annexures P-1 and P-2. At the time of motion hearing on 24.2.1987, counsel for the respondent stated that the petitioner shall not be dispossessed till further orders. The notifications were challenged on the ground that the same were illegal, mala fide, against law, and that the second notification under section 6 was issued after more than three years of the first notification under section 4 of the Act.

(3.) Similarly, Dr. Om Parkash Saini, whose land measuring 4 Kanals was included in the acquired land filed Writ Petition No. 2788 of 1987. The same was admitted and was to be heard with C.W.P. No. 6490 of 1986. However, there was no stay order in that writ petition.