MEHAR SINGH RATHI Vs. UNION OF INDIA
LAWS(P&H)-2006-5-308
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 26,2006

MEHAR SINGH RATHI Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

S.N.Aggarwal, J. - (1.) The Government of Haryana needed land in village Sankhol Tehsil Baharduragh District Jhajjar for the development of an industrial area. Accordingly a notification under Section 4 of the Land Acquisition Act 1894 (in short the '1894 Act') was issued on 23.1.2001. After the observance of statutory provisions a declaration under Section 6 of the 1894 Act was also issued on 22.1.2002 (The declaration under Section 6 of the 1894 Act has been placed on the record of this case as Annexure P-5 but the date of notification has not been given. Different dates about this notification have been given in different writ petitions but a copy of the notification published by the Government of Haryana under Section 6 of the 1894 Act is placed as Annexure P-14 in C.W.P. No. 5006 of 2003 which is dated 22.1.2002). As a result a number of writ petitions came to be filed against the acquisition proceedings initiated by the notification dated 23.1.2001.
(2.) The State of Haryana had sought to acquire more land for the purpose of developing industrial residential commercial institutional area and other purposes. Therefore more notifications under Section 4 of the 1894 Act were issued by the State of Haryana so also the declarations under Section 6 of the 1894 Act. These notifications again gave rise to a number of writ petitions.
(3.) Although different objections were pleaded in different writ petitions to challenge the acquisition proceedings but the following points were common in all these writ petitions. Therefore. all these writ petitions numbering more than one hundred were grouped together: 1. That the said acquisition proceedings are against the contents of the Regional Plan 2001 (in short 'RP 2001') published by National Capital Region Planning Board (in short 'the NCR Planning Board') under (The) National Capital Regional Planning Board Act 1985 (in short 'the NCR Act 1985') in as much as the area under acquisition is shown as green belt in the map of RP-2001 while the said land has been acquired by the State of Haryana for industrial purposes. Since it violates RP-2001 therefore it does not survive the scrutiny of law. Reliance was placed on the judgment of the Hon'ble Supreme Court reported as Gaziabad Development Authority v. Delhi Auto & General Finance Pvt. Limited and Ors.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.