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2008 DIGILAW 1518 (PNJ)

Ram Dass v. State Of Haryana

2008-09-04

DAYA CHAUDHARY, UMA NATH SINGH

body2008
Judgment Uma Nath Singh, J. 1. Impugned premises are needed for setting up a sector road of Sector 75 and Sector 78, Faridabad. A notification under provisions of Section 4 read with Section 17 of the Land Acquisition Act, was issued on 26.10.2007. Petitioners have challenged the notification on the ground that from conduct of authorities, this is not clear that there is any urgency for invoking urgency clause under Section 17 of the Act. Learned counsel further submitted that the constructions, as shown in photographs, have been existing for decades. Hence, carrying demolition, all of a sudden, without giving any opportunity of hearing to petitioners, would cause irreparable loss. This is also his submission that it would not be desirable in the interest of State to part with a heavy compensation amount in lieu of acquisition of land in question. 2. We have carefully considered the submissions of learned counsel for petitioners. Land in question is needed for sector road of Sectors 75 & 78, and the photographs indicate that the constructions are lying very close to the road and further that the petitioners have not come with facts to substantiate the assertion that there was no urgency for notification by invoking Section 17 of the Land Acquisition Act are not inclined to interfere the acquisition in this writ petition. Hence, writ petition No. 15683 of 2008 is dismissed.