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.
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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