JAI BHAGWAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution is directed against notification dated 9.12.2002 (Annexure P.5) issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and the declaration dated 8.12.2003 ( Annexure P.6) issued under Section 6 of the Act as also the award dated 14.7.2004 ( Annexure P.7).

(2.) THE notifications have been issued by the respondent -State of Haryana and the award has been announced by the Land Acquisition Collector, Urban Estate, Gurgaon for acquiring the land for development and utilisation for residential, commercial and institutional purposes in Sectors 27 and 42, Gurgaon as shown in the development plan.

(3.) IN the written statement filed by respondent Nos. 1 and 3 it has been pointed out that the notification under Section 4 of the Act was published in two newspapers and the Government gazette on 9.12.2002 and entry in that regard was made in Patwari Halqa Roznamcha Wakayati vide rapat No. 179 dated 17.12.2002. The notification was also pasted on the notice board of Halqa Patwar Khana and Tehsil Office. Munadi was also effected through village chowkidar by beat of empty canistar. The objections of the petitioner filed under Section 5A of the Act were considered after giving on opportunity of personal hearing. After consideration of objections, the Land Acquisition Collector sent his report recommending the land for acquisition and then respondent -State had issued a declaration under Section 6 of the Act on 8.12.2003 which again was published in the official gazette as well as in the newspapers. The rapat dated 19.12.2003 about the declaration was entered in the Roznamcha Wakayati Halqa Patwari. With regard to the assertion that structure with tube -well is standing on the spot, the respondent -State has pointed out that there was temporary structure of a room measuring 12 ft. x 12 ft and another room measuring 10 ft. x 10 ft. Besides the afore -mentioned structure there were 80 jhuggis.