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2017 Supreme(P&H) 161

RAJESH BINDAL, HARINDER SINGH SIDHU
J. B. Industries – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.C. Kinra, Advocate.
For the Respondents:Ms. Palika Monga, DAG, Haryana, Mr. Kamal Sehgal, Advocate.

JUDGMENT :

HARINDER SINGH SIDHU, J.

1. This petition has been filed praying for quashing of notifications dated 13.2.2008 (Annexure P-9) and 31.12.2008 (Annexure P-16) issued under Section 4 and 6, respectively, of the Land Acquisition Act, 1894 (for short, 1894 Act') whereby, the land of the petitioner was sought to be acquired.

2. The petitioner, a sole proprietorship firm, claims to be running a wood based industry since long which is located near Railway Level Crossing, Jhajjar Road, Rohtak. It holds a license for the same which is valid upto 31.3.2017. With a view to expand the industry, he purchased 18 Kanals 19 Marlas of land situated in Mauja Kehrawar through sale deeds dated 10/15.3.1995, dated 30.11.1995/6.12.1995 and 8.10.1997.

3. On 14.5.2007, it applied to the Director, Town and Country Planning Department, Haryana – respondent No.3 for permission to change the existing use of land for the purpose of development of the land into building for residential / industrial/ commercial/ other purpose. Respondent No.3 granted permission for Change of Land Use vide his letter dated 19.03.2008 and 03.04.2008 (Annexure P-11 and P-11/1), subject to various conditions. One condition was




























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