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1992 Supreme(SC) 647

S.MOHAN, M.N.VENKATACHALIAH, L.M.SHARMA
Union Of India – Appellant
Versus
Hari Krishan Khosla – Respondent


Advocates:
A.K.SRIVASTAVA, A.Subhashini, ABHA R.SHARMA, Altaf Ahmed, Ashish Varma, ASHOK MATHUR, C.V.SUBBA RAO, D.V.Sehgal, HARBANS LAL BAJAJ, HARISH N.SLAVE, Indu Malhotra, K.K.GUPTA, KANVAR RAJENDRA SINGH, M.K.Dua, M.N.KRISHNA MANI, Mohan Pandey, N.N.GOSWAMY, NANITA SHARMA, O.P.Sharma, P.K.JAIN, P.N.PURI, P.PARMESHVARAN, R.C.GUBRELE, R.K.JAIN, R.N.KESHWANI, RAVINDER BANA, S.BAGGA, S.C.PATEL, S.JANANI, S.K.Bagga, S.M.Sarin, S.N.TERDAL, SANJAY SARIN, SUNIL GUPTA, SUSHMA SURI, T.C.SHARMA, U.K.PURI, V.C.MAHAJAN, V.MOHANA, Vivek Sharma

JUDGMENT

Mohan, J.

1. Leave granted.

2. These appeals which are dealt with under a common judgment raise the only question of law as to whether Section 8(3)(a) of the Requisitioning and Acquisition oflmmovable Property Act, 1952 (Act 30 of 1952) (hereinafter referred to as the Act), is violative of Article 14 of the Constitution of India.

3. It is enough if the facts in Civil Appeal No. 1129 of 1975 are noted. It is preferred against the judgment of a Full Bench of the Punjab and Haryana High Court in Writ Application No. 608 of 1972 dated 30th of May, 1974 (the judgment has since been reported in AIR 1975 Punjab 74.

4. A large extent ofland in the Village of Malo Majra Tehsil, District Patiala was requsitioned by an order of the District Magistrate, Patiala, dated 17th March, 1967. The order of requisition was made under Section 29(1) of the Defence of India Act, 1962. The requisitioned land included 157 Bighas and 6 biswas belonging to Diwan Hari Krishan Khosla who died during the pendency of the proceedings in the High Court. His sons A vtar Krishan Khosla and Chand Khosla were impleaded as his legal representatives by an order dated 6th May, 1974. Later on, these lands were acq

















































































































































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