JAVEED IQBAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The State of Haryana issued notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter called 'the Act'), on 1st September, 1981, which was followed by notification under Section 6 of the Act, published on 5.11.1982 for acquiring different areas in the revenue estates of villages Gaunchhi, Saran and Mujsar, Tehsil Balbgarh, District Faridabad, for the purposes of development and utilization of land as residential and commercial area in Sector 23, Faridabad.

(2.) In para 11 of the writ petition it is pleaded that the petitioners did not come to know of the acquisition and notifications referred to above till October, 1984 when some of the landowners and property dealers communicated the information to the residents of the colony together with the fact that they had filed writ petitions in the High Court challenging the acquisition and obtained stay orders. The writ petition was filed in December, 1984 and in paras 9 and 10 thereof, the following averments were made :

(3.) At the time of motion hearing on 10th December, 1984, notice of motion was issued for 15th January, 1985 and on 15th January, 1985, the Deputy Advocate General of the State Government appeared and in his presence the writ petition was admitted and the stay order was continued. In this case written statement has not been filed till today and there is no prayer made at the time of hearing for granting any further opportunity to file the written statement. Even the record of the case has not been produced to find out as to whether the averments in paras 9 and 10 of the writ petition are wrong.