One of the grounds taken was that the lands in question companyld number be used for the installation of a Sewage Treatment Plant owing to its close proximity to the residential companyony, the New Grain Market and a school in the adjoining plots.
The said Notification under Section 4 was followed by another Notification dated 2nd January, 2006 under Section 6 of the L.A. Act.
Furthermore, an earlier Notification issued under Sections 4 and 6 of the A. Act in the year 1995 had also been challenged in Civil Writ Petition No.1222 of 1997 before the High Court, wherein an order of status quo was passed on 28th January, 1997.
Subsequently, another suit for the same reliefs was filed by one Jagroop on 12th April, 2006, before the learned Additional District Judge Senior Division , Narwana, who was pleased to restrain the respondents from companystructing the STP.
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 companystruction of a Sewage Treatment Plant.
In the subsequent writ petition out of which this appeal arises, the appellants herein, inter alia, prayed for quashing of the two Notifications dated 23rd November, 2005 and 2nd January, 2006 issued under Section 4 read with Clause c of Sub Section 2 of Section 17 and Section 6 of the L.A. Act, 1894 on the ground that the same were arbitrary and companytrary to the provisions of the Act.
It has been submitted that the said writ petition is still pending disposal in the said High Court.
While dismissing the writ petition, the High Court sought to distinguish the decision of this Court in Union of India vs. Mukesh Hans 2004 8 SCC 14, which had been cited on behalf of the writ petitioners appellants herein in support of their companytention that the right given to a land owner or person interested in the land was number an empty formality but a substantive right which companyld number be taken away, except for good and valid reason within the limitations prescribed under Section 17 4 of the L.A. Act, 1894.
Aggrieved by the decision of the State Government to acquire the land for companystruction of the Sewage Treatment Plant, the Mitaso Educational Society Narwana, filed a suit against the State of Haryana to restrain the defendant therein, including the State of Haryana from companystructing the Sewage Treatment Plant in front of the school and on 15th February, 2006, an interim order was passed in the suit restraining the defendants from companystructing the said Plant as the same was likely to be a health hazard for the inhabitants of the locality.
Having been denied the opportunity of filing an objection under Section 5 A of the L.A. Act, the appellants also filed a writ petition in the Punjab Haryana High Court challenging the two Notifications under Sections 4 and 6 of the L.A. Act on several grounds.
In addition to the above, the appellants filed Writ Petition CWP No.8332 of 2006 before the Punjab and Haryana High Court, praying for quashing of the Notification dated 23rd November, 2005 and for restraining the respondents from dispossessing the writ petitioners.
Such suit was filed on 15th February, 2006.
ALTAMAS KABIR, J. Leave granted.
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.
In the said Notification it also was made clear that the Land Acquisition Collector cum District Revenue Officer, Jind, Haryana proposed to take possession of the land in question as the land was to be acquired urgently.
In yet another civil suit filed by one Jagroop against the State of Haryana, the Additional Civil Judge, Senior Division, Narwana, restrained the defendants by its order dated 12th April, 2006 from companystructing the Sewage Treatment Plant.
A prayer was also made for a writ in the nature of Mandamus to direct the respondents in the writ petition number to dispossess the appellants herein from the land in question.
