STATE OF HARYANA Vs. VINOD OIL AND GENERAL MILLS
SUPREME COURT OF INDIA
STATE OF HARYANA
Vinod Oil And General Mills
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(1.)Delay condoned. Leave granted.
(2.)These appeals arise out of the judgment of High Court of Punjab and Haryana in and by which the High Court quashed the acquisition of the lands of the Respondents, interalia, on various grounds. Feeling aggrieved, State of Haryana is before us.
(3.)Facts in nutshell giving rise to these appeals are as under: The Respondents being a partnership concern had set up an industrial unit in the year 1981 which is running under the name and style of M/s. Vinod Oil and General Mills. On 19.5.1992, Haryana Government issued a notification Under Section 4 of the Land Acquisition Act, 1894 (for short 'Act') in which the land of the Respondents was also included. The Respondents submitted their objections Under Section 5A of the Act and after considering their objections, the State Government excluded the land of the Respondents from the acquisition proceedings before declaration Under Section 6 of the Act. Later at the time of planning of the Sector, it was felt that two strips of lands of the Respondents are creating hindrance in the wholesome Development Plan of the Sector. Haryana Government again initiated acquisition proceedings by issuance of notification Under Section 4 of the Act on 15.3.2004 to acquire the land in the area of village Hissar Hadbast No. 146 and village Satrod Khas and Satrod Khurd Hadbast Nos. 154 & 155, Tehsil and District Hissar including the lands of the Respondents for public purpose, namely, for development and utilization of land for residential and commercial Sector 9 & 11, Hissar. The Respondents filed their objections Under Section 5A of the Act and after hearing the Respondents, the Government decided to acquire the land in dispute and the declaration Under Section 6 of the Act was issued on 14.3.2005 and thereafter notice Under Section 9 of the Act was also issued. Challenging the acquisition proceedings, the partnership concern filed two writ petitions one by Savitri Devi, one of the partners (CWP No. 17469/2006) and the another by M/s. Vinod Oil and General Mills, a registered partnership firm through Shri Inder Sain Aggarwal (CWP No. 17458/2006) praying to quash the notifications dated 15.3.2004 and 14.3.2005 Under Sections 4 and 6 of the Act and also prayed for direction to release their land from acquisition proceedings.
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