- (1.) The challenge in the present writ petition is to the notifications dated 30.06.2010 (Annexure P-4) issued under Section 4 and dated 29.06.2011 (Annexure P-7) issued under Section 6 of the Land Acquisition Act, 1894 (in short 'the Act'), inter alia on the following grounds: i) That the notifications were not published in the newspapers, as contemplated under Sections 4 and 6 of the Act; ii) Such notifications do not disclose the public purpose for which the land is sought to be acquired; iii) That the objections under Section 5A of the Act have not been considered in an objective and fair manner and that the Notification under Section 6 has been issued without recording any satisfaction that the land is required for public purpose; and iv) That though the constructions (7 in number) raised by the petitioner have been left out from acquisition, but he has not been provided passage to approach the constructions so released. We do not find any merit in any of the arguments raised by the learned counsel for the petitioners. In the writ petition, it has been pleaded that the notification issued under Section 4 of the Act was published only in Hindi Newspaper 'Amar Ujala' and the notification issued under Section 6 of the Act in English Newspaper 'The Hindu', therefore, the publication is not proper. However, in the written statement, it has been averred that the notification under Section 4 of the Act was published in English Newspaper 'The Indian Express' on 04.07.2010 and also in Hindi Newspaper 'Amar Ujala' on 13.07.2010. The substance of the notification was also announced by beating the empty drums on the spot and notices were also pasted at various places. The notification under Section 6 of the Act was published in Hindi Newspaper 'Amar Ujala' and in English Newspaper 'The Hindu' on 03.07.2011. The substance was also announced in the locality in the manner as contemplated in the Act. The petitioners have not filed any rejoinder to the said assertion made by the State in the reply. Therefore, we find that the first argument raised by the counsel for the petitioners is wholly without any basis and untenable.
(2.) In respect of second argument, it is argued that Sections 4 and 6 of the Act recite that the land is being acquired for Sector 13, Gohana under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority. It is contended that the notifications under Sections 4 and 6 of the Act do not disclose; whether the land is being acquired for residential, commercial or institutional purpose, therefore, the notifications do not satisfy the test of acquisition for public purpose, as contemplated by the law.
(3.) Sections 4 and 6 of the Act contemplate that the appropriate Government may acquire land for any public purpose. The public purpose is defined in Section 3(f) of the Act, which inter alia includes:- (i) the provision of village sites or the extension, planned, development or improvement of existing village-sites; (ii) the provision of land for town or rural planning; (iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned; (iv) the provision of land for a corporation owned or controlled by the State; (v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local-authority or a corporation owned or controlled by the State; (vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State; (vii) the provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;;