2008 INSC 0258
                                    SUPREME COURT OF INDIA

                                            Sardar Singh & Ors

                                                      Vs.

                                          State of Haryana & Ors.

                                            C.A.No.913 of 2008

                                 (H.K. Sema and Markandey Katju,JJ.)

                                                 31.01.2008

                                                   ORDER

[Arising out of SLP(C)No.17187 of 2004]

1. Leave granted.

2. 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
Court at SLP stage issued notice on 03/09/2004 on a contention of the appellants that the
Gram Panchayat land itself is available to satisfy their requirement and yet the appellants'
land, who are agriculturists have been acquired by depriving their livelihood. A counter
affidavit has been filed by the State 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 the subjective satisfaction of the authority,
this Court should not 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.

3. 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 acquisition has been
achieved in the meantime, as contended by the counsel for the appellants, an appropriate
order may be passed.

4. There shall be no orders as to costs.

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