KRISHAN CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are before this Court assailing the order dated 21.10.2015 passed by the High Court for the States of Punjab and Haryana in CWP No.22656/2015. The said writ Petition was disposed of along with the writ petition bearing CWP.No.22652 and 22653 of 2015 through a common order. Through the said order the case sought to be made out by the appellants seeking release of the land from the process of acquisition is not considered favourably. The writ petitions are accordingly dismissed by the High Court.

(3.) The brief facts are that the lands bearing Khasra No.19/2, 9 measuring 16 kanal situated in Village Para, District Rohtak, to which the appellants' claim that their father was the owner, among other lands of several other land owners was acquired for development of Sector 36, Rohtak by issuing the Notification dated 15.12.2006 issued under Section 4 of the Land Acquisition Act, 1894 ('L.A. Act' for short). The final declaration under Section 6 was issued on 14.12.2007. The appellants contend that the land has not been utilised for the purpose for which it was acquired and in respect of several other lands acquired for the same purpose, it has been deleted from the process of acquisition and as such the lands belonging to the appellants also be deleted. In that regard the appellants, at the first instance, had approached the High Court through CWP.No.5836 of 2014. The said writ petition was disposed of through the order dated 27.03.2014 whereby the High Court on taking note of the contentions had issued direction to the respondents to verify the claim of the appellants and on objective consideration of the whole matter if the authorities are of the view that there is no likelihood of utilisation of the appellants' land for any public purpose, consider the desirability of releasing the same subject to the condition that the compensation if any received be refunded. Pursuant thereto the representation dated 20.02.2014 which had already been made by the appellants was taken note and an order dated 10.11.2014 was passed by the Secretary-cum-Director General, Urban Estates Department Haryana, rejected the claim of the appellants. Against such rejection, the appellants were before the High Court in the present round of litigation assailing the order dated 10.11.2014 which has led to the instant appeal. The respondents through the counter affidavit filed herein on behalf of the respondent No.2 have opposed the instant appeal.