JAGDISH RAJ SHARMA Vs. STATE OF HARYANA
LAWS(P&H)-2014-3-134
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 11,2014

Jagdish Raj Sharma,Bharat Bhushan And Ors. Appellant
VERSUS
The State of Haryana and Ors.,The State of Haryana And Another Respondents

JUDGEMENT

Surya Kant, J. - (1.) CMs No. 887 & 1180 of 2014; CMs No. 16947 & 16957 of 2013
(2.) WITH the consent of learned counsel for the parties, the main cases are taken up on board for final hearing. CWPs No. 4369, 3015, 4370 & 5832 of 2004 (O&M) This order shall dispose of CWPs No. 4369, 3015, 4370 & 5832 of 2004 (O&M) as common question of law and facts are involved in these cases.
(3.) IN all the writ petitions, the petitioners have challenged the notifications dated 17th May, 2002 & 13th May, 2003 issued under Sections 4 & 6 of the Land Acquisitions Act, 1894 respectively, to the extent of acquisition of their respective land/properties comprising residential houses, godowns and/or industrial structures etc. The 'public purpose' of acquisition is the development and expansion of Industrial Estate at Karnal. For the sake of convenience the facts of each case may be noticed briefly. (i) CWP No. 4369 of 2004 (O&M) The case of petitioner is that he purchased a small piece of land measuring 4 biswas comprising Khasra No. 3284 in the revenue estate of Karnal by registered sale deed dated 20th May, 1992. He constructed a residential house of A -Class construction where the petitioner lives alongwith his family. Since the abovestated piece of land has been included in the impugned acquisition, the aggrieved petitioner is before this Court. (ii) CWP No. 3015 of 2004 (O&M) The petitioners in this case purchased the land measuring 12 bighas, comprising Khasra No. 3268 vide registered sale deed dated 11th May, 1982. The land was purchased to set up a godown for storing the Fire Work, for which necessary permission and licence under the Explosive Act, 1884 was also obtained. The construction has been raised after taking necessary permission from the statutory authorities. The abovesated land falls within the revenue estate of Karnal and has been acquired vide the impugned notifications. (iii) CWP No. 5832 of 2004 (O&M) The petitioners in this case are owners in possession of land measuring 4 bigha 21 biswas; 13 biswas and 4 bigha 10 biswas respectively, situated within the revenue estate of Karnal. All of them are stated to have set up their respective small scale industrial units (three in number) as per the details given in Para No. 3 of the writ petition. Since their above -mentioned land(s)/properties have been acquired vide the impugned notifications, the aggrieved petitioners are before this Court. (iv) CWP No. 4370 of 2004 (O&M) The petitioner purchased a small piece of land measuring 4 biswas comprising khasra No. 3268 in the revenue estate of Karnal vide sale deed dated 19th March, 2002. She constructed a residential house of A -Class construction where she along with her family lives. The abovesated piece of land also forms part of the impugned acquisition, giving rise to this petition. CWPs No. 4369, 3015, 4370 & 5832 of 2004 (O&M);


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