SATYA PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) There are eight writ petitions involving common questions of facts and law.

(2.) The State Government of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894, (for short, the Act) on May 12, 1995. Land measuring 458.65 acres was intended to be acquired for a public purpose, namely, development and utilisation of land as residential and commercial area at Bahadurgarh. The land was situated in the Revenue Estate of villages Bahadurgarh and Parnala in District Rohtak. State of Haryana. The aforesaid notification was followed by a notification dated May 10, 1996 issued under Section 6 of the Act.

(3.) The acquisition of land has been challenged by the petitioners in these writ petitions filed under Article 226 of the Constitution with the plea that they had purchased plots of land prior to the issue of notification under Section 4 of the Act and they also raised construction. The entire area consisting of residential colonies, named Shastri Nagar, Arya Nagar and Sainipura is stated to be thickly populated. Since the owners of land have already built their houses and are residing therein, the acquisition of the land and the houses is said to be unwarranted inasmuch as the land is being acquired for the development of residential and commercial area only. It is also stated that a notification under Section 4 of the Act was earlier issued in the year 1980, but the land was, at that time, released from acquisition after objections were filed under Section 5A of the Act. The second notification issued again under Section 4 of the Act is said to be wholly unjustified. It is also pleaded that the petitioner were not given any opportunity of hearing by the Land Acquisition Collector after they had filed their objections. It is also alleged that many vacant plots of big and small sizes and many constructions have been left out from acquisition. It only shows how the authorities have proceeded by pick and choose method and in a discriminatory manner. Major part of the Colonies is said to have been released. The land is primarily being acquired by the State Government for widening the Delhi-Rohtak Highway and Bahadurgarh-Najafgarh road. The land in question is situated at the Haryana Delhi border along the Delhi-Rohtak highway on one side and the Bahadurgarh-Najafgarh road on the other side. A site plan has been annexed with the writ petition.