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1982 Supreme(P&H) 419

S.S.SANDHAWALIA, I.S.TIWANA
Ranbir Kumar Arora – Appellant
Versus
State Of Haryana – Respondent


Judgment

I.S.TIWANA, J.

1. In these two Civil Writ Petitions 2972 and 3649 of 1982, the proceedings initiated by the respondent Improvement Trust, Karnal, for the acquisition of petitioners land to implement its development scheme known as Scheme No. 39 (Commercial-cum-Residential Development Scheme) are impugned. In this regard, the requisite notice under Sec.36, Punjab Town Improvement Act, 1922 (for short, the Act), was published in the Haryana Government Gazette on 27-11-1973 and after sanction of the scheme by the State Government in terms of Sec.41, it was followed by another notification under Sec.42 of the Act on 11-11-1976. It is not in dispute in the light of a Full Bench judgment of this Court in Harbans Kaur V/s. Ludhiana Improvement Trust, Ludhiana, (1973) 75 Pun LR 511, that these two publications are to be respectively treated at par with notifications under Ss.4 and 6, Land Acquisition Act, 1894 . The challenge to these acquisition proceedings is, inter alia, on the ground that at the time of the first publication under Sec.36, the respondent Trust had no genuine need to acquire the land in question and rather the whole process of acquisition was initiated with a vie











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