STATE OF HARYANA Vs. SUNDER LAL

JUDGEMENT

(1.) Leave granted.

(2.) The question involved in the present matter is whether possession of land has been taken after passing of award on 21.7.2003 in land acquisition proceedings initiated vide Notification dated 24.8.2000 issued under Sec. 4 of the Land Acquisition Act, 1894 for acquisition of land measuring 189.93 acres for the development and utilisation of land for residential, commercial and institutional area in Sector 57 of Gurgaon inter alia at village Tigra. On the date of passing of award, according to appellants, possession had been obtained and handed over to the representative of Haryana Urban Development Authority (for short, 'HUDA') vide Rapat No.583. The compensation has admittedly been collected by the respondent vide cheque no.191045 dated 31.7.2003.

(3.) The respondent herein filed a writ petition in the year 2015 in the High Court of Punjab & Haryana at Chandigarh. He has set up the case that he owned the land measuring two Kanal. The same was acquired by the issuance of Notification under Sec. 4 of the Land Acquisition Act, 1894 and the award was also passed. Compensation has been obtained. However, the acquisition has lapsed as per provisions contained in Sec. 24(2) of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013'), as the possession has not been taken. He has constructed residential houses and shops.