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2004 Supreme(P&H) 35

S.S.NIJJAR, S.S.GREWAL
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.Nijjar, J.

1. We have heard the learned Senior Counsel appearing for the petitioners at length and perused the paper-book.

2. The petitioners have challenged Notifications dated 2.5.1988 (Annexure P3) and dated 1.5.1989 (Annexure P4) issued under Section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act"). The petitioners have also challenged the supplementary award No. 5 dated 28.12.99 (Annexure P8) passed by the Land Acquisition Collector, Directorate of Urban Estates, Panchkula (Haryana). There is no challenge in the writ petition to the main award dated 29.4.1991. The main grievance of the petitioners is that they have "A" Class construction on the land which has been acquired. The residential houses of the petitioners existed on the acquired land, even prior to the issuance of the Notifications under Section 4 and 6 of the Act. The petitioners had submitted at the time of hearing of the Objections under Section 5-A of the Act that a report had been made by the Land Acquisition Officer, after visiting the spot that the entire area belonging to the petitioners had been constructed and may be exempted from acquisition, keeping in view the





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