Adarsh Kumar Goel - (1.) Delay condoned. Heard on merits.
(2.) This appeal has been preferred by the State under Clause X of the Letters Patent Act against the judgment of learned Single Judge dated 23.12.2006, quashing the notification dated 25.1.1990 under Section 6 of the Land Acquisition Act, 1894 (for short, "the Act).
(3.) The State of Haryana issued notification under Section 4 of the Act dated January 30, 1989 proposing to acquire land which included land of the respondent measuring 2156 sq. yards in Village Salokhra, Tehsil and District Gurgaon. The land of the respondent also had construction consisting of 2 drawing rooms, one dining room, five bed rooms, kitchen, bathroom etc. The said land was in the middle of a residential colony. The purpose of acquisition was for development and utilisation of land for residential/commercial area, Sector 30, Gurgaon under the provisions of Haryana Urban Development Authority Act, 1977. The respondent filed objections under Section 5-A of the Act, but without considering the said objections and giving the respondent an opportunity of hearing, the impugned notification under Section 6 of the Act was issued on 25.1.1990. Grievance in the petition filed by the respondent was that as per policy of the Government, built up portions of the properties were exempted from acquisition.;