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2009 Supreme(SC) 1626

ALTAMAS KABIR, CYRIAC JOSEPH
Babu Ram – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. The appellants herein are residents of Narwana, District Jind, in the State of Haryana and claim to be the owners of land measuring 34 Kanals 2 Marlas situated at Jind Patiala Road near the Railway Crossing, Narwana, adjoining the New Grain Market at Narwana. Subsequent to the acquisition of certain lands in the said area in 1995, the State of Haryana issued another Notification dated 23rd November, 2005, bearing No.12/8/05-PH 1, under Section 4 read with Section 17(2)(c) of the Land Acquisition Act, 1894 (hereinafter referred to as the “L.A. Act”), for construction of a Sewage Treatment Plant. In the said Notification, it was indicated that the land was required on an urgent basis within the meaning of Sub-Section (4) of Section 17 of the L.A. Act, thereby excluding the application of Section 5-A of the said Act. According to appellants while invoking the emergent provisions under Section 17 of the aforesaid Act, no reason was indicated to exclude the operation of Section 5-A of the Act. The said Notification under Section 4 was followed by another Notification dated 2nd January, 2006 under Section 6 of the L.A. Act. In the said No




























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