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2010 Supreme(P&H) 1850

M.M.KUMAR, JITENDRA CHAUHAN
Jagtar Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.M.Kumar, J.

1. The State of Haryana desired to setup a Sewerage Treatment Plant at Village Samalkha, District Panipat. At the first instance a notification under Section 4 read with Section 17(2)(c) of the Land Acquisition Act, 1894 (for brevity, the Act) was issued on 16.11.2006 (P-l), expressing the intention to acquire land for the aforesaid public purpose comprised in specified khasra numbers, which are clear from the following table :-

"Distric t Tehsil Village Hadbas t No. Rect. No. Khasra No. Area Kanal Maria 1. 2. 3. 4. 5. 6. 7. Panipat Samalk ha Samalkh a 77 52 20/1 1 12 20/2 1 20/3 1 21/1 1 21/2 4 [29 5 61 6 9/1. 1 9/2 6 10 5 11/2 4 12 8 19 7 20/1 4 26 0 Killa 15 62

2 On 28.12.2006, a declaration under Section 6 read with Section 17(1) was made with regard to the aforesaid khasra numbers stating that the land is urgently required by the Government for a public purpose of setting up a Sewerage Treatment Plant. However, the Chief Minister, Haryana, did not deem it appropriate to set up the Sewerage Treatment Plant inside the abadi area, as is evident from the letter dated 4.1.2008 (P-4), sent by the Financial Commissioner and Principal Secretary to Government Hary











































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