HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS group of eight appeals involves identical controversy and, hence, all these appeals were heard together and are being disposed of by a common judgment. As a matter of fact, five appeals (5440/2000, 5442/2000, 5443/2000, 5444/2000 and 5445/2000) have been disposed of vide common judgment dated August 13, 1998 by the Division Bench of the Punjab and Haryana High Court. The other three appeals (5449/2000 5441/2000 and 5446/2000) have been disposed of by the High Court vide separate judgments dated March 26, 1998, May 18, 1998 and August 13, 1998 respectively.

(2.) THE facts have been set out in the impugned judgments and, therefore, we do not deem it necessary to repeat the same. Suffice, however, to say that large tract of land admeasuring 184.56 acres situate at Narnaul was proposed to be acquired for Urban Mini Estate by the Haryana Urban Development Authority (HUDA) and, for the said public purpose, notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'Act') was issued on October 30, 1992. Many owners whose lands were sought to be acquired filed objections under Section 5-A of the Act before the concerned Land Acquisition Officer. Pursuant to these objections, land admeasuring 11.55 acres was excluded and declaration under Section 6 of the Act was made in respect of 173.01 acres on October 28, 1993. Seventy eight landowners filed 32 writ petitions in the High Court of Punjab and Haryana challenging the notifications under Sections 4 and 6 of the Act on diverse grounds. Inter alia, in these writ petitions, the writ petitioners also prayed for release of their respective lands. At this stage, it may also be noticed that although declaration under Section 6 was made in respect of 173.01 acres but award was passed for land admeasuring 172.57 acres only as the State Government is said to have decided to release land of 13 landowners admeasuring 0.44 acres for which ultimately release order was passed on February 28, 1997.

(3.) DURING the pendency of these appeals, this Court vide order dated August 19, 2008, keeping in view the earlier orders passed by this Court and the affidavit in-reply dated June 27, 2008 (filed in Court on July 8, 2008) by Financial Commissioner and Principal Secretary to Government of Haryana, Town and Country Planning and Urban Estate Department, Chandigarh and the available material granted liberty to the appellants to make representation(s) to the State Government for release of their land from acquisition and the State Government was directed to consider such representation(s) and pass appropriate order/s within time granted therein.