- (1.) The instant petition filed under Article 226 of the Constitution seeks quashing of notification dated 10.06.1988 (P-7), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and declaration dated 07.06.1989 (P-8) issued under Section 6 of the Act. The petitioner firm is running an industrial unit under the name and style of M/s. Ascons (Delhi) Private Ltd. at 24, Mile Stone, Delhi Mathura Road, Balabgarh, Faridabad, which was registered as Small Scale Unit on 17.02.1989 (P-1). The site plan of the unit was also attached with the registration certificate (P-2).
(2.) In para 3 of the writ petition, it has been averred that the petitioner raised construction over 5000 sq. yards out of the total area measuring about 15,340 sq. yards, comprised in Khasra Nos. 12, 13, 14 and 17. According to the averments made, the land was utilised for the fabrication and mechanical pressing jobs for manufacturing of equipment as also for loading of heavy equipment in the truck as an inseparable part of the industrial unit. A boundary wall measuring 1840 feet was also constructed (P-3). Before raising the construction of the building, on 26.11.1983 the petitioner applied to the Faridabad Complex Administration for approval of the site lay out plans, of the boundary wall, Administration 'B' Lock, Structural Sheds Phase-I, II and III, Security Block and Ablution Block. The petitioner firm was informed by the Faridabad Complex Administration that it has to apply first before the Director, Town and Country Planning, Haryana for Change of Land Use (CLU), because the area fell within the controlled area of the Development plan of Faridabad. Accordingly, the petitioner-firm moved an application dated 21.04.1984 (P-4) before the Director, Town and Country Planning, Haryana for obtaining CLU. On 5.7.1984, (P-5A), the Director, Town and Country Planning, Haryana, granted sanction for the CLU (P-5A) in favour of the petitioner and subsequently the Chief Administrator, Faridabad Complex Administration further sent permission to the petitioner vide letter dated 20.11.1984 (P-5). Accordingly, the petitioner-firm had been carrying on the process of manufacturing since 1984-85. By reference to the approval given by the Director, Town and Country Planning, Haryana (P-5A), it has been pointed out that the Director, Town and Country Planning, has categorically noticed that the Khasra Nos. 12, 13, 14 and 17 of Rectangle No. 78 of Village Jharsantly, Faridabad fell within Sector 59 of the Development Plan. According to the petitioner-firm, the CLU was granted by keeping in view the inclusion of the area in the Development Plan.
(3.) The land of the petitioner was notified for acquisition under Section 4 of the Act on 10.06.1988 (P-7) and a declaration under Section 6 of the Act was issued on 07.06.1989 (P-8). On 18.12.1989, notices under Section 9 of the Act were issued (P-6). The petitioner-firm has approached this Court by filing the instant petition and on 11.02.1991, a Division Bench of this Court has stayed dispossession of the petitioner.;