M.M. Kumar, J. - (1.) THE instant petition is directed against the notification issued under Section 4 on 23.2.1989 and declaration made under Section 6 on 22.2.1990 (Annexures P -2 & P -24) of the Land Acquisition Act, 1894 (for brevity, 'the Act'). The public purpose for acquisition of the land is for the development and utilization of land for residential and commercial area for Sector 13, Panipat.
(2.) BRIEF facts of the case are that the petitioners are owner of land measuring 3 Bighas 14 Biswas, comprised in Khasra No. 4428/2 and 4430/2, situated in Taraf Insar Panipat. The land in question was purchased by them vide sale deeds dated 25.3.1988 and 6.5.1988. It is claimed that the petitioners have spent huge amount of 35 -40 lacs for leveling of land and raising construction for setting up factory under the name and style of 'The Karigar Factory'. The machinery worth crores of rupees was installed in December, 1988 and the factory started functioning prior to 31.12.1988. It has been further claimed that the petitioners have about 200 employees and the unit is producing export oriented merchandise. On 23.2.1989, a notification under Section 4 of the Act was issued for acquiring the land of the petitioners and other land owners (P -2). Objections under Section 5 -A of the Act were filed by the petitioners (P -3). On 22.2.1990, notification/declaration under Section 6 of the Act, bearing No. LAC(P) -NTLA -90/1457, was issued. Though in the declaration Khasra Nos. 4428/2 and 4430/2 were not specifically shown, however, since the aforementioned Khasra numbers are part of main Khasra Nos. 4428 and 4430, therefore, it can be safely inferred that land falling under Khasra Nos. 4428/2 and 4430/2 was also acquired through declaration under Section 6(P -24). It has further been asserted that another notification bearing No. LAC(P) -NTLA -90/1458 (P -25) was issued simultaneously in which Khasra Nos. 4428 and 4430 were not mentioned. The said khasra number were also not included in the Rapat Roznamcha. Thus, the petitioners have contended that presumption be drawn that their land was excluded from acquisition. They have also claimed that only Rapat Roznamcha No. 312, dated 23.2.1990, was published in consonance with notification No. LAC(P) -NTLA -90/1458, for giving public notice, wherein Khasra Nos. 4428 and 4430 including Khasra No. 4428/2 and 4430/2 were not included, meaning thereby their land was released from acquisition.
(3.) THE petitioners have claimed that after considering the objections, a survey was conducted by the officials of the Land Acquisition Collector -respondent No. 4 and vide letter No. 1365, dated 9.6.1994, recommendation was made to the D.T.P. Panipat for release of the factory belonging to the petitioners. A list of release cases in Sector 13 -17, Panipat, which was prepared by Shri Randhir Singh, J.E., has been placed on record as Annexure P -4, wherein at Sr. No. 23 the name of the factory of the petitioners appears.;