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2008 Supreme(SC) 1848

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Dharam Pal – Appellant
Versus
State of Haryana – Respondent


Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the writ petition questioning legality of the Notification dated 24.8.2000 issued under Section 4 of the Land Acquisition Act, 1894 (in short the ‘Act) as also the declaration under Section 6 of the Act dated 22.8.2001. The only ground which was pressed into service during arguments was that the construction made by the appellant has been acquired whereas similar kind of constructions made with regard to others similarly situated persons have been left out. The High Court did not find any substance in the plea and dismissed it.

3. During the course of hearing, learned counsel for the appellant placed strong reliance on the judgment of this Court in Jagdish Chand & Anr. v. State of Haryana and Anr. (2005 (10) SCC 162). This Court in Jagdish Chands case (supra) relied on earlier judgment of this Court in Sube Singh & Ors. v. State of Haryana and Ors. (2001 (7) SCC 545).

4. Though, no one appeared for the respondent-State and its functionaries in spite of service of notice, a counter affidavit has been filed. In Jagdi










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