- (1.) THE petitioner has challenged notification No. 116-JC (CH)-55/71, dated January 31, 1955, issued under Section 4 of the Land Acquisition Act, 1894 (for short, the Act) by the Secretary to Government, Punjab, Development Department, acquiring the land mentioned therein for a public purpose, namely, for the development of a Mandi, township and factory area. It was followed by another notification No. 29-JC (CH)-56-281, dated January 19, 1956, issued under Section 6 of the Act declaring that the land described in the notification was required for the aforesaid purpose.
(2.) THE principal ground of challenge to these notifications is that the land mentioned in the notifications was not used for the purpose for which it was acquired and was diverted to other purpose.
(3.) IN response to the notice of motion issued by this Court, written statement has been filed on behalf of respondents 1 to 3 by the Deputy Commissioner, Sirsa. It is stated therein that the land was acquired by the Colonisation Department and the same vested in Haryana Urban Development Authority by way of notification of Government of Haryana dated September 11, 1987. The land situated on the Northern side of railway line has been developed by the Haryana Urban Development Authority. The land on the Southern side of the railway line is under process of development. A water works has already been constructed which is in working condition. Various Departments have demanded a part of the acquired land. Demand has been made for setting up judicial Complex, 132 K. V. Sub-Station by Haryana State Electricity Board, Housing Colony by Haryana Housing Board, Government College, Dharamshala, Telephone Exchange, Post Office etc. at Ellenabad. The land has already been allotted for S. D. M. 's office and Judicial Complex.;