M.M.KUMAR, J. - (1.)THIS petition filed under Article 226 of the Constitution prays for quashing notification dated 29.11.2001 (P-13) issued under Section 4 and declaration dated 28.11.2002 (P-18) issued under Section 6 of the Land Acquisition Act, 1894 (for brevity, 'the Act').
(2.)THE case of the petitioner is as follows: The petitioner Atlas Cycles (Haryana) Limited is an export oriented unit and engaged in manufacturing of export quality bicycles and their parts for the last about 30 years. It is claimed that the factory/unit of the petitioner has been established over the land comprised in Khasra Nos. 36/12/2(1-3), 13(7- 11), 14(7-11), 15(7-4), 27(0-8), 16(7-12), 17min (4-2), 17min(2-12), 24(7-9), 17min (1-0), 18(6-14), 23(3-1) and 38/4(0-7), total area 56 kanals 12 marlas, situated at Village Rasoi, District Sonepat, as per jamabandi for the year 1993-94 (P-1). The land in question was purchased by the petitioner in the year 1974 and after obtaining approval from the Government, factory was constructed. On 11.7.1974, the then Director, Urban Estate, Haryana, issued a 'No Objection Certificate' in favour of the petitioner clearly mentioning in para 2 that the land in question was not declared as controlled area under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (for brevity, 'the 1963 Act') till that date nor any proceedings under the Act could be initiated in respect of the said land. It was further mentioned that there was no need of any permission to be obtained from the department but construction was to be raised within the limits of 30 meter road reservation with the G.T. Road (P-2). On 9.4.1975, the Chief Inspector of Factories, Haryana also approved the building plans of the factory of the petitioner (P-3). The petitioner after obtaining requisite approval set up its industry by investing crores of rupees, which started functioning w.e.f. 11.8.1975, as is evident from photograph Annexure P-5.
On 27.5.1983, the petitioner again applied for grant of permission for construction of additional water tank and extension to the Generator Room in the existing factory in accordance with the plans, which was granted on 19.8.1983 by the Director, Town and Country Planning, Haryana (P-4).

(3.)ON 29.11.2001, a notification under Section 4 of the Act was issued for acquiring the land for the public purpose, namely, for development and utilisation of land as residential and commercial Sector 58, Sonepat under the Haryana Urban Development Authority (P-13). Since the land belonging to the petitioner company was also included in the aforementioned notification, it filed objections under Section 5A of the Act and prayed for release of their land on the ground that the factory of the petitioner was running successfully for the last 30 years. It was also claimed that huge investment has been made by installing plant and machinery and the factory was generating avenues of employment in the area. The petitioner also agitated that the land has been sought to be acquired for residential and commercial purposes, whereas in the area there is already development and a number of industries are already functioning. Various other grounds have also been raised which includes that more than 250 families are directly and about 1000 families are indirectly dependent upon the petitioner's industry and petitioner's unit is an export oriented upon and earns crores of rupees in the shape of foreign currency etc. were also raised (P-14). The petitioner has also placed on record statement of accounts pertaining to the years 2002-03, 2003-04 as well as Certificate of the Chartered Accountant showing the income of the petitioner pertaining to the year 2003-04 (P-15 to P-17).