High Court Punjab-Haryana High Court

Present:- Mr. Sudhir Mittal vs Mr. Alok Jain on 8 January, 2009

Punjab-Haryana High Court
Present:- Mr. Sudhir Mittal vs Mr. Alok Jain on 8 January, 2009
                      C.W.P. No.15558 of 2004



Present:-   Mr. Sudhir Mittal, Advocate
            for the petitioner.

            Ms. Palika Monga, AAG, Haryana.

            Mr. Alok Jain, Advocate
            for respondents No.4 & 5.

            Mr. Arun Walia, Advocate
            for respondent No.6.

                  ----

This petition seeks quashing of notification dated

11.2.2004, Annexure P-3, under Section 4 of the Land Acquisition

Act, 1894 (for short, “the Act”) and notification dated 15.9.2004,

Annexure P-7, under Section 6 of the said Act. The ground of

challenge is that the petitioner was not given a hearing under

Section 5A of the Act.

In the reply filed on behalf of the State, the allegation

of hearing not having been given has been disputed, though the

relevant document has not been produced to show that hearing

was actually given.

Further development which is said to have taken

place is that the Chief Minister, Haryana approved the proposal

for development of fruit and vegetable market on Hansi on

alternative land, which decision was conveyed vide letter dated

21.2.2007 by the Haryana State Agricultural Marketing Board to

the Haryana Urban Development Authority.
C.W.P. No.15558 of 2004 -2-

Grievance of the petitioner is that inspite of the said

decision, the State is continuing with acquisition of the land of the

petitioner for the same purpose for which other site has been

earmarked. The matter has been adjourned from time to time in

the last five years. Learned counsel for the State has no

instructions about the final stand of the State in the matter.

In view of above, we direct the Secretary, Department

of Agriculture, Haryana to file an affidavit whether land of the

petitioner is still required after alternative land has been

earmarked.

Learned counsel for the State will convey this order to

the concerned Secretary.

List again on 27.2.2009.


                                        ( ADARSH KUMAR GOEL )
                                               JUDGE


January 08, 2009                         ( JITENDRA CHAUHAN )
ashwani                                         JUDGE