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SURESHWAR THAKUR, KULDEEP TIWARI
Karam Chand – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge against acquisition policy and notification (Para 2 , 3 , 4) |
| 2. details on land acquisition history and legal actions (Para 5 , 6 , 9) |
| 3. current status of land and lack of actionable cause (Para 10 , 11) |
| 4. legal interpretation of the act governing land acquisition (Para 12 , 14) |
| 5. dismissal of writ petitions (Para 15 , 16) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
Since both the instant writ petitions arise out of the same impugned orders, therefore, the same are taken up together for disposal.
2. The petitioners approached this Court seeking quashing of notifications dated 13.9.2000 (Annexure P-10) and order dated 18.11.2003 (Annexure P-11) vide which the representation of the petitioners was rejected in view of the above stated notification and also sought that the respondent-State Government may not put the petition land(s) being acquired for public purpose through open auction which was scheduled to be held on 17.12.2004 as per notice dated 1.12.2004.
3. Before we could delve into the actual and legal aspect of the present petitions, it is imperative to first give details of the policy dated 13.9.2000 which is under challenge. The respondent-State of Haryana has
Land acquisition requires adherence to statutory procedures; failure to file objections negates claims of discrimination or exemption, and public necessity prevails over private interests.
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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