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2007 Supreme(AP) 83

MARKANDEY KATJU, S.B.SINHA
ASHOK KUMAR – Appellant
Versus
STATE OF HARYANA – Respondent


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) APPELLANTS herein are owners of lands appurtenant to Khasra Nos. 3829, 3830 and 3831. They acquired the said lands in 1993 and allegedly raised certain construction thereupon. A notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 20. 12. 1996 for acquisition of the said lands. A suit was filed by the appellants herein in the Court of the Civil Judge, Senior Division, Panipat, questioning the validity of the said notification, inter alia, on the premise that the said proceeding was illegal and in any event the constructions raised by them cannot be demolished in view of a policy decision taken by the State. On an application for grant of injunction filed by the appellants, an order of interim injunction was passed on 30. 08. 1997 in the following terms:

"for written statement, no reply to injunction application and arguments on the same, to come up on 23. 9. 1997. In the meantime, the defendants are restrained from demolishing the construction and initiating further action on the memo in dispute as according to the Jamabandi disputed property is in the shape of Gair Mumkin Plots and it i






















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