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1976 Supreme(SC) 104

R.S.SARKARIA, P.N.SHINGHAL, A.N.RAY, M.H.BEG
State Of Haryana: Amrit Singh – Appellant
Versus
Chanan Mal: State Of Haryana – Respondent


Advocates:
A.K.SEN GUPTA, HARBANS SINGH, KAPIL SIBAL, L.M.SINGHVI, M.C.BHANDARE, NAMIT LAL, P.Kesava Pillai, S.DHYAN SINGH, S.GOPAL SINGH, S.K.JAIN, S.S.Khanduja

JUDGMENT

M. H. BEG, J. :— The seventeen appeals before us by the State and by the Director of Industries of Haryana, after certification under Article 133 (1) (a) (b) of the Constitution, are directed against a judgment of the High Court of Punjab and Haryana on Writ Petitions of owners of lands and lessees of mineral rights in land seeking reliefs in the nature of Mandamus to enforce fundamental rights conferred by Article 31 (2) and to restrain the Government of Haryana from taking any action to implement two notifications: (i) No. 1217-2-1-B-II-74/7622 dated the 20th February 1974; and, (ii) No. GIG/SP/Auc/1173/3075-C dated the 22nd February, 1974, after declaring void 1656 the Haryana Minerals (Vesting of Rights) Act, 1973 (hereinafter referred to as the Haryana Act).

2. Under the notification of 20th February, 1974, the State Government purported to acquire rights to Saltpetre, a minor mineral, in the land described in a schedule appended to the notification issued in exercise of power conferred by Section 3, sub-section (i) of the Haryana Act. By the notification of 22nd February, 1974, the State Govt. announced to the general public that certain saltpetre bearing areas in the

















































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