- (1.) Challenge in the present writ petition is to the notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 22.03.2010 (Annexure P-4), wherein urgency provisions of Section 17 of the Act were invoked and the requirement to seek objections under Section 5A of the Act was dispensed with. The declaration under Section 6 of the Act was published on 28.07.2010, whereas notice under Section 9 of the Act was served upon the petitioners to appear before the Land Acquisition Officer on 20.05.2011. The challenge to the aforesaid acquisition proceedings is on the ground that there is no such urgency, which may warrant dispensing with inquiry under Section 5A of the Act, whereas the petitioners have been granted change of land use on 03.09.2010 on an application submitted on 24.09.2008. It is argued that the fact that one year and two months were taken by the respondents for payment of compensation, shows that there was no urgency which may warrant dispensing with the inquiry as contemplated under Section 5A of the Act It is also argued that the purpose of acquisition is augmentation of water supply, but such project contravenes the master plan and the lay out plan finalized by the Town and Country Planning Department, therefore, the acquisition proceedings are colourable exercise of power. The petitioners have also relied upon representation dated 29.04.2010 (Annexure P-5), wherein the petitioners have communicated that they wanted to instal an industry on the above said land, which is located within the controlled area and have obtained no objection certificate from other departments for the purpose of grant of change of land use.
(2.) In reply, it has been stated that the petitioners are owners of an area measuring 4046 Sq. meters falling in Rectangle Nos. 9//22/2, 23/1 in the revenue estate of village Kapoori. The petitioners applied for grant of change of land use on 04.08.2009 to the Director, Town & Country Planning, Haryana, for setting up of an industrial unit under the name and style of M/s Goyal Oil & General Mills. Thereafter, notification under Section 4 of the Act was published. It is pointed out that the land is proposed to be acquired by the Government for public purpose for construction of storage and for sedimentation tanks for water supply scheme for Charkhi Dadri Town, District Bhiwani. The acquisition of the land is in public interest for effective and adequate supply of drinking water to the residents of Dadri town, as drinking wafer is a prime necessity to live, as also included under the Right to Life being fundamental right enshrined in the Constitution. It is also pointed out that if this piece of land measuring 4046 Sq. meters is left out of the acquisition, then about 4350 people of the town will be deprived of the drinking water. The design of water storage tanks to be constructed are of 4 meters depth and the total volume for storage of raw water in this piece of land would be 16184 meter cube, which is equivalent to 16184000 liters. This volume of water is required for 24 days storage, which is to be supplied at the rate of 155 liters per capita per day. The lay out plan in respect of the water scheme, including storage tanks to be constructed, is attached with the written statement.
(3.) Subsequently, the petitioners amended the writ petition. It is argued that as per the master plan, the site for water works is provided at legend 510, which is within the Municipal limits, whereas village Kapoori, subject matter of acquisition of land, is situated outside the Municipal limits. The petitioners also rely upon Annexure P-14, wherein water samples from the land in dispute were tested by the Chemists of Public Health Department.;