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2014 Supreme(SC) 82

H.L.DATTU, S.A.BOBDE
Bharat Kumar – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

1. Delay condoned. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court of Judicature of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 18375 of 2004. By the impugned judgment and order, the High Court has dismissed the writ petition filed by the Appellant.

3. The Appellant claims that he is the owner and is in the possession 6 Kanals and 5 Marlas of land in dispute bearing Khewat No. 67, Khatauni No. 82, Rectangle No. 9, Kolla No. 21 (6-9), situate within the revenue estate of village Adampur, Tehsil, District Gurgaon, Haryana.

4. The Respondent-State of Haryana issued a notification Under Sections 4 and 6 to acquire large extent of lands, including the Appellant's land. Aggrieved by the preliminary and final notifications so issued, the Appellant had approached the High Court. In the said Writ Petition, the Appellant had taken up two contentions. Firstly, that the procedure prescribed Under Section 5A of the Land Acquisition Act, 1894 (for short 'the Act') was not complied with by the acquiring authority and secondly, that the acquired land had constructions and, therefore should be released in favour of the Appellant














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