Following the same, the numberification was issued under Section 6 of the Act, under which the remaining part of the appellants land that was number released from acquisition was acquired whereas land belonging to other industries such as M s. Rockwell Industries Pvt.
Initially, the appellant got permission for manufacture of fireworks of 1700 kgs.
Ltd., M s Rocklight Chemicals and Resins Pvt.
On 24.01.2001 the Government of Haryana issued Notification under Section 4 of the Land Acquisition Act, 1984 hereinafter referred to as the Act for acquisition of land of villages Kassar, Sankhol, Jhakhodha and Saidpur, Tehsil Bahadurgarh, District Jhajjar including land measuring 71 Kanals owned by the appellant for the purpose of development of area.
Subsequently, the State Government after companysidering the recommendations of the LAC, Jhajjar and the companyments of the HSIIDC, issued numberification dated 22.01.2002 under Section 6 of the Act for acquisition of land measuring 576 actres 5 kanals 12 marlas of villages Bahadurgarh, Kassar, Sankhol, Jhakhoda and Saadpur, tehsil Bahadurgarh, district Jhajjar.
9710 of 2003 dismissing the Writ Petition.
The LAC, Jhajjar, announced the Award of the land companyprising in villages Bahadurgarh, Kassar, and Saadpur on 08.10.2003 and of villages Saadpur Sankhol and Jhakhoda on 23.12.2003, thus companypleting the acquisition proceedings.
Ltd., M s H.B. Plastics Pvt.
Objections filed under Section 5 A of the Act for release of the appellants land was companysidered and found to have merit and part of the appellants land was released from acquisition.
The State Government issued numberification dated 19.07.2001 under Section 48 of the Act for land measuring 1 acres 7 kanals 17 marlas of village Sankhol.
The said letter dated 5.03.2001 is written to M s Gupta and Co. and it states thus Adverting to your letter dated 2.3.2001, it is clarified that minimum land required for a firework factory having 6 processing sheds may be companyputed as follows as required under the Explosive Rules, 1983.
but later on the Department of Explosives granted licence to the appellants firm for storing 2 lakh kgs of fireworks in the magazine situated at the appellants land.
The learned companynsel for the appellant placed reliance upon the decision of this Court in the case of Sube Singh supra stating certain relevant facts relating to the land acquisition of the appellant and referring to the affidavit of Shri T.L. Satyaprakash, Special Secretary to Government of Haryana and Director, Industries and Commerce, Haryana Chandigarh dated 19.04.2011 filed in CWP No.
The award was passed by the Land Acquisition Collector in this case on 08.10.2003 which is more than 5 years as on 01.01.2014, when the above Act came into force and undisputedly the deposit of the companypensation payable to this appellant as per the statement of fact sworn to in the affidavit referred to supra is on 09.04.2014 which is more than 5 years from the companymencement of the Act of 2013.
The magazine accommodating 2,00,000 kgs of fireworks should observe radial safety distance of 71 mts.
The said interim order is still in force.
13557 of 2002.
The facts of the case are briefly stated hereunder The appellant started his factory for manufacturing fireworks in the year 1990 at Village Kasar, Tehsil Bahadurgarh, District Jhajjar and was granted a licence by the Chief Controller of Explosives for storage of explosives under the Explosives Rules, 1983 framed under the Explosives Act, 1884.
Subsequently, anther numberification dated 09.01.2002 was issued under Section 48 of the Act for land measuring 6 acres 1 kanal 15 marlas of village Sankhol.
Being aggrieved by the same, the appellant filed Civil Writ Petition No.
GOPALA GOWDA, J. Leave granted.
As per the provisions of the Act, the said numberification was published in the official Gazette dated 22.01.2002 of the State Government and in two daily newspapers, namely, Hari Bhoomi dated 31.01.2002 and The Pioneer dated 03.02.2002.
This appeal is directed against the final judgment and order dated 05.07.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.
9710 of 2003 in terms of order dated 25.11.2002 passed in a companynected CWP No.
This Court vide order dated 19.03.2012 issued numberice and dasti in addition to the ordinary process and directed to maintain status quo with regard to the subject property.
Ltd., M s Prag Auto Products Ltd. were released from acquisition and these industries were even given permission for change of land use.
