Jawahar Lal Gupta, J. - (1.) The petitioner, a Private Limited Company, impugnes the action of the State Government in acquiring its land. A few facts may be noticed.
(2.) On January 30, 1989, the State Government issued a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), expressing its intention to acquire land measuring 30.04 acres in village Jharsa, Tehsil and District, Gurgaon. On 25th January, 1990, notification in respect of the land measuring 11.12 acres, was issued under Section 6 of the Act. The petitioner owns a total of 10 Kanals 7 marlas of land in village Jharsa. While the entire land had been included in the notification under Section 4, the State Government released land measuring 3 Kanals 14 Marlas while issuing the notification under Section 6. Thus, land measuring 6 Kanals 13 marlas is being acquired. The petitioner claims that it has constructed an Industrial-cum-residential complex with staff quarters etc. on this land. The action of the State Government in acquiring this land wherein a running unit is located, is totally arbitrary. It is further claimed that the action suffers from the vice of discrimination in as much as not only the land belonging to various land owners on which construction existed, has been released. but also such land on which no construction existed, has been released, Specific reference has been made to the notification issued on March 3, 1992, by which the land of Mr. Dinesh Jain was released from acquisition in spite of the fact that there was no construction thereon. It has also been submitted that in fact, no survey as required under Section 8 of the Act, was conducted and as a result, land has been acquired in this village in a completely haphazard manner.
(3.) On the other hand, the respondents claim that a proper survey had been conducted. The land on which construction existed prior to the issue of the notification under Section 4, has been excluded from acquisition. However, no relief can be granted to the petitioner in respect of the area on which construction has been raised by it subsequently.;