- (1.) The petitioner, which is a Private Limited Company, has challenged notification dated 21.12.2005 (P-9), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act) and declaration dated 29.12.2006 (P-10), issued under Section 6 of the Act. It has been alleged that on the land which belongs to the petitioner there is a running industrial unit, which has been leased out and that the industrial unit comprised in Rect. No. 75, Khasra No. 25, Rect. No. 80, Khasra No. 5/1 and 6/2 (23 Kanals 14 Marlas). The petitioner purchased the industrial unit vide sale deed dated 10.5.1994.
(2.) The case of the petitioner is that the predecessor-in interest of the petitioner had got sanctioned building plants on 18.3.1994 (P-2). The petitioner has further claimed that it has applied for loan from the Haryana Financial Corporation on 23.5.1994 and the loan was repaid on 8.5.2003. It has obtained Certificate of Registration from the Sales Tax Department and has been a consumer of Uttar Haryana Bijli Vitran Nigam. The Director of the petitioner company Shri Vishnu Bhagwan Gupta has claimed that on account of his illness, he started living at Delhi and leased out the running industrial unit to M/s Anand Agro Products on 5.5.2003. In order to show that the industrial unit is a running unit, the petitioner has placed on record photographs Annexures P-7 and P-8.
(3.) After issuance of notification dated 21.12.2005 (P-9) under Section 4 of the Act, the petitioner did not file any objection under Section 5-A of the Act and declaration under Section 6 of the Act was subsequently made on 29.12.2006 (P-10). Even the award was announced on 15.7.2007 (R-1). The instant petition has been filed on 21.8.2007 subsequently to the passing of the award.;