M.M.KUMAR, J. - (1.) THIS petition filed under Article 226 of the Constitution prays for quashing notifications dated 8.10.2003 (P-34) and 7.5.2004 (P-37), issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity, 'the Act'), acquiring the land belonging to the petitioner in village Lakarpur, Tehsil and District Faridabad, for a public purpose, namely, for the expansion and systematic development of the Tourist Complex, Surajkund. FACTS
(2.) THE case of the petitioner is that it is a Company incorporated under the Companies Act, 1956, and carries on the business of development and colonisation of real estate in the State of Haryana. In early 1990's, the petitioner-company purchased huge chunk of land in village Lakarpur, Tehsil and District Faridabad. The petitioner-company alongwith its other group of companies have been granted licence under Section 3 of the Haryana Development and Regulation of Urban Areas Act, 1975 (for brevity, 'the 1975 Act'), to develop a residential colony, namely, 'Lakewood City', over an area of more than 125 acres, which they are developing. On 28.5.1993, the petitioner-company purchased 128 Kanals 14 Marlas (16.09 acres) of land in the vicinity of 'Lakewood City', comprised in Rectangle No. 32, Khasra Nos. 3, 4/2, 7, 8/1, 12, 13, 14, 17, 18, 19, 22, 23, 24 and Rectangle No. 40, Khasra Nos. 2, 3, 4, 7, 8, 9, 12, 13, 18/2, village Lakarpur, Tehsil and District Faridabad. It is appropriate to notice that the aforementioned land is in immediate proximity of Surajkund Complex, which is a Tourist Resort being run by the Tourism Department of State of Haryana. On 9.1.1992, a notification under Section 4 of the Act was issued for acquisition of part of the land belonging to the petitioner for the systematic development of the tourist place close to Surajkund (P-1/A). The State Government also resorted to urgency provisions of sub-section (2) of Section 17 of the Act. However, no further steps were initiated by the Government to complete the acquisition proceedings in pursuance to notification dated 9.1.1992 since the petitioner-company showed its intention to develop the land for recreational, cultural and tourism purposes.
(3.) ON 2.5.1994, the petitioner-company applied for change of land use under the provisions of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (for brevity, 'the 1963 Act') for developing the land into a recreational, cultural and Hotel Complex (P-2). On 30.5.1994, the petitioner-company submitted another application to the P.W.D. (B&R) Department, Faridabad, for issuance of No Objection Certificate, for construction of an approach road from the main road (P-3). On 22.6.1994, the petitioner-company made an application with the Director (Tourism), Government of Haryana, for grant of approval of Hotel Project, namely, 'Royal Garden Resorts' (P-4).;