SURYA WOOLLEN AND ORS. Vs. STATE OF HARYANA AND ORS.
HIGH COURT OF PUNJAB AND HARYANA
Surya Woollen And Ors.
State Of Haryana And Ors.
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Amol Rattan Singh, J. -
(1.)THESE three petitions were clubbed together for hearing in view of the fact that they challenge common acquisition proceedings, by which the land/plots of the petitioners were sought to be acquired by the respondent -State, by a common notification dated 10.05.1989, issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter called "the Act") and subsequent notification dated 09.05.1990, issued under Section 6 thereof.
The first petition that was filed being CWP No. 4948 of 1992, the facts are initially being taken from that case and subsequently the relevant facts of other petitions would be considered, where necessary.
(2.)THE six petitioners of the lead petition, are stated to be a partnership firm and its five partners respectively, with the land measuring 6120 sq. yards, stated to have been purchased by the firm (petitioner no.1) in the year 1987, upon which an industrial shed comprising a machinery shed, godown, office complex and other rooms are stated to have been constructed. The remaining open space is also stated to be used for keeping raw materials for the factory, which is stated to be manufacturing yarn for blankets.
The industrial unit is stated to be a Small Scale Industry, earning profits and generating employment to about 70 persons.
In the other two petitions also, factory sheds etc. are stated to have been constructed, the factories being running industrial units.
The land/plots in question are stated to be abutting the G.T. Road going to Delhi, in Panipat town, within its municipal limits.
The petition further states that the entire area, on both sides of the G.T. Road, has mushroomed like an industrial area, though the area behind the factories, at the time of filing of the petition (22 years ago), was stated to be agricultural land; the contention being that there was ample vacant land available and as such, there was no need for acquisition of land that was already being utilized for industrial purposes.
(3.)AS noticed above, the respondent -State issued a notification under Section 4 of the Act on 10.05.1989, for acquisition of the petitioners' land, comprised in Khasra Nos. 25/4 and 7, in village Patti Maqdoom Jadgan and Khasra No. 5494/97/1 in Patti Taraf Insar. The purpose of acquisition was for development and utilization of industrial institutions, and residential and commercial area, for Sectors 6,7 and 8 of Panipat.
The total area sought to be acquired vide the above -said notification was 334.15 acres of land in Patti Taraf Insar, 31.34 acres of land in village Kabri and 5.13 acres of land in Patti Maqdoom Jadgan.
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