PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Umesh Kumar Madhok – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant petition, the petitioner seeks the quashing of notification dated 13.7.2004 (Annexure P-1), and, also seeks the quashing of notification dated 11.7.2005 (Annexure P-2). The said notifications were respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short the Act of 1894').
Brief facts of the case
2. It is averred in the instant petition, that the petitioner's grandfather, who was a displaced person from West Pakistan, had purchased 4 kanals 8 marlas of land bearing khasra No. 51/23/2/1, 24/1 in village Ajrounda, Tehsil and District Faridabad, and, established a factory thereons, under the name of Madhok Timber Industries. The petitioner started construction of the factory building and completed the same in the year 1961. The petitioner was granted certificate for final/PMT registration, on 16.11.1963, and, the said factory was registered as Small Scale Industrial Unit No. 05/12/10515/PMT/SSI. It is further averred, that on 7.6.1962, a notification under Section 4 of the Act of 1894 became issued, however, no further proceedings were undertaken by the Government. Subsequently, the Estate Officer, Faridabad
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.
A petitioner lacking locus standi cannot challenge acquisition notifications as valid public interest considerations prevail.
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.
The court emphasized the importance of timely challenges to acquisition proceedings and the consequences of delay and laches in approaching the court.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.