SURESHWAR THAKUR, KULDEEP TIWARI
Ansal Township Infrastructure Ltd. – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The petitioners have deviously woven a web of artificial illegality, entangling the acquisition proceedings, which were lawfully terminated circa in the early 1970s, i.e. approx. 5 decades back. To the judicial conscience of this Court, the instant writ petition appears to be an ill-advised motion replete with a plethora of infirmities, as it proffers an intrepid venture of the petitioners, which emits a smell of foul play, besides, it also divulges the scandalous and unholy nexus prevailing inter se builders/colonizers and the Department of Town and Country Planning concerned.
2. The principal cause behind the petitioners being driven to this Court to invoke the constitutional remedy, as enshrined in Article 226 of the Constitution of India, but in utter disdain to the principles of equity, is to protect their illegal possession over lawfully acquired petition lands. This cause would never have arisen, had certain directions not been issued by this Court, in a different matter, upon the Department concerned of the respondent-State, to get vacated all encroachments, if any, from the acquired lands in the State of Haryana.
3. The instant writ petition,
Daulat Singh Surana v. First Land Acquisition Collector
The court affirmed that lands acquired for public purpose cannot be deemed unviable based solely on non-utilization, emphasizing the executive's discretion in assessing public interest.
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