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V.GOPALA GOWDA, J.

Leave granted.

2. 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 dismissing the Writ Petition.

The facts of the case are briefly stated hereunder:-

3. 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.

4. Under the Explosives Rules, it is mandatory to maintain open radial safety distance of 71 meters from all sides around the magazine storing 2 Lakh Kgs. of fireworks. The letter dated 05.03.2001 was issued to the appellant's firm by the Joint Chief Controller of Explosives, Faridabad, stipulating that 71 meters of safety radial distance must be maintained from all sides of the magazine storing 2 Lakh kgs of fireworks. The explosive rules further mandate that land of 71 meter radius around the magazine should also be free from construction for the continuance of the explosive license.

"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 computed as follows as required under the Explosive Rules, 1983. The magazine accommodating 2,00,000 kgs of fireworks should observe radial safety distance of 71 mts. from all sides."

7. Vide letter dated 27.10.1999, the Department of Explosives, Government of India, granted amended permission for possession and sale of fireworks to the extent of 2 lakh kgs at magazine situated at village Kasar, District Rohtak, Haryana which reads as under :-

"Licence No.E.25(11) 51 dated 31.03.1992 is hereby amended for possession and sale of fireworks (Class 7, Divn. 2 sub-divn. 1 &2) - 2,00,000 kgs. from your magazine at village Kasar, Distt Rohtak (Haryana)."

But as stated above, the land in question is necessarily required as per the mandate of Explosive Rules.

8. 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.