Supreme CourtDivision Bench(2011) 05 SC CK 0027

Sombir and Others vs State of Haryana and Others

Supreme Court Of India · Decided on 30 May 2011 · Citation: (2011) 4 UJ 2579

HON’BLE JUDGES
G. S. Singhvi, J · Chandramauli Kumar Prasad, J
RESULT
Allowed
CASE NUMBER
Petitions for Special Leave to Appeal (Civil) ... of 2011 (CC 9698 of 2011)

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Judgment

6 paragraphs · 192 words
1.

Delay condoned.

2.

These petitions are directed against orders dated 25.1.2011 and 27.4.2011 passed by the Division Bench of the High Court which dismissed the successive petitions filed by the Petitioners questioning the acquisition of their land by the State Government.

3.

We have heard learned Counsel for the Petitioner and perused the record.

4.

The land of the Petitioners was acquired for construction of electric sub-station in village Dhana Narsan. The Petitioners challenged the acquisition mainly on the ground that Deputy Commissioner, Bhiwani had repeatedly recommended for leaving out fertile land and acquisition of alternative land but the State Government did not de-notify the acquired land.

5.

In our view, the reasons assigned by the High Court for refusing to interfere with the acquisition of the Petitioners' land do not suffer from any legal error. The mere fact that Deputy Commissioner, Bhiwani had recommended for acquisition of another parcel of land did not warrant interference with the acquisition proceedings because the State Government had taken a reasoned based conscious decision not to accept the recommendations of the Deputy Commissioner.

6.

With the above observation, the special leave petitions are dismissed.