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CASE NO.: Appeal (civil)  913 of 2008

PETITIONER: SARDAR SINGH & ORS

RESPONDENT: STATE OF HARYANA & ORS

DATE OF JUDGMENT: 31/01/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT           O R D E R         CIVIL APPEAL NO. 913  OF 2008 [Arising out of SLP(C)No.17187 of 2004]

       Leave granted.         In this appeal, Section 4 Notification was issued on 14/08/2000 for acquiring the  land for public purpose, namely to supply drinking water in  Canal Based Water Supply Scheme .   Challenge of the acquisition before the High Court was dismissed by the High Court.   This C ourt at  SLP stage issued notice on 03/09/2004 on a contention of the appellants that the Gram Pancha yat land  itself is available to satisfy their requirement and yet the appellants’ land, who are agric ulturists have  been acquired by depriving their livelihood.  A counter affidavit has been filed by the Stat e stating that  the land of the appellants is suitable for the public purpose and for which  it is acquired  after their  subjective satisfaction of the acquiring authority, and since land has been acquired after t he  subjective    satisfaction   of the authority,  this  Court should not  

                                       -2- interfere.   We are of the view that  which land is suitable to be acquired is the authority  to decide after  subjective satisfaction and not for this Court to decide such issue.   There is no merit in  this appeal.   It  is accordingly dismissed.         It is open to the appellants to move an appropriate application before the State  authority and if it is found that  the project has been completed and the purpose of acquisi tion has been  achieved in the meantime, as contended by the counsel for the appellants, an appropriate ord er may be  passed.                 There shall be no orders as to costs.