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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, LALIT BATRA
Bhup Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant petition, the petitioners seek the quashing of notification dated 2.6.2004 (Annexure P-5) issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act of 1894'), and, also seek the quashing of notification dated 31.5.2005 issued under Section 6 of the Act of 1894 (Annexure P-6). Furthermore, the petitioners also seek the quashing of the notification dated 28.7.2005 (Annexure P-7) issued under Section 4 of the Act of 1894, and, also seek the quashing of the notification dated 24.7.2006 issued under Section 6 of the Act of 1894 (Annexure P-12).Grounds raised in the instant petition
2. The grounds, as raised in the instant petition by the petitioners, are that the petitioners are owners of land comprised in khasra Nos. 20//24/3; 22//4 min, 5 min, 7 min, 8 min, 13 min, 14 min, 18 min and 26, situated in village Sarai Alawardi, Tehsil and District Gurgaon. It is further averred in the instant petition that the land in dispute is in close vicinity of the Air Force Unit No. 54 Air Store Park and a part of the land in dispute is within the restricted zone, as declared under the provisions of the Works of Defence Act, 1903 (f
The court affirmed the validity of land acquisition notifications, ruling that the petitioner was estopped from claiming release due to prior compliance and lack of challenge to earlier orders.
The court emphasized that proper procedural safeguards, including meaningful hearings and recommendations, are essential in land acquisitions under the Land Acquisition Act, affirming that violation ....
Failure to specify public purpose in a land acquisition notification renders it void ab initio.
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
The invocation of urgency provisions in land acquisition must be justified by genuine emergencies; significant delays undermine such claims and violate the right to object.
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