JAWAHAR LAL GUPTA, J. - (1.) ON October 29, 1976, the State of Haryana issued a notification under Section 4 read with Section 17 of the Land Acquisition Act, 1894, for the construction of Handloom Complex of the Haryana State Handlooms and Handicrafts Corporation Limited at Panipat. Land measuring 5 acres 5 Kanals 5 marlas was intended to be acquired. On December 28, 1976, the notification under Section 6 of the Act was issued. Despite the lapse of more than 24 years, no complex has been constructed.
(2.) THE petitioner is a registered society running a school. It claims to be the owner of the land measuring 3 Bighas 18 Biswas. It has a two -fold grievance. Firstly, the sequence of events shows that the emergency provisions had been wrongly invoked. It was a misuse of the statutory power by the respondent -State. Secondly, it is alleged that no compensation has been paid so far. On these premises, the petitioner prays that the impugned notifications in so far as these relate to the land measuring 3 Bighas 18 Biswas belonging to the petitioner and as described in the petition be quashed. No reply has been filed by the respondent -State of Haryana to even suggest that there was any urgency so as to entitle it to invoke the provisions of Section 17 of the Act. However, reply has been filed by respondent No. 2 viz. The Haryana State Handloom and Handicrafts Corporation Limited, Panipat and Chandigarh. It has been averred by way of preliminary objection that the writ petition is belated. It has been further averred that the award was announced on September 30, 1977. The amount as assessed was deposited with the Collector on October 20, 1977. It has been further stated that the Industries Department has now approved the proposal to get the land developed through the Haryana State Industrial Development Corporation Limited. On these premises, the respondent prays that the writ petition be dismissed.
(3.) LEARNED counsel for the parties have been heard.;