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1982 Supreme(P&H) 250

S.S.SANDHAWALIA, I.S.TIWANA, P.C.JAIN
Radhey Sham Gupta – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Whether unexplained inordinate delay in the finalisation of the proceedings under the Land Acquisition Act might well taint them with the vice of a colourable exercise of power and thus wholly vitiate the same - is the meaningful issue which comes to the fore in this reference to the Full Bench.

2. Though the matrix giving rise to the aforesaid issue is not in serious dispute yet it calls for a somewhat detailed notice. Way back on the 8th Sept., 1972, the respondent-State issued two notifications (Annexures-P.1 and P.2) under Section 4 of the Land Acquisition Act (hereinafter called the Act) for acquiring a huge compact area of 134 Acres 3 Kanals and 1 Marla situated in the two separate revenue estates of Ballabgarh and Ranhera for the specific purpose of the development of a Mandi Township astride the Delhi - Mathura, road. Comprised therein was an area of 8 Kanals within the revenue estate of Ballabhgarh originally owned by Shri Nawal Singh who had sold the same on the 11th Sept., 1961, to one Jaswant Rai for setting up an industry and he enclosed the same by a boundary wall. However in the month of Aug., 1980 the said Jaswant Rai sold the said are



















































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