MAHENDER SINGH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) The prayers in the present petition read as under:

(2.) The admitted facts are that the notification under Sec. 4 of the Land Acquisition Act, 1894 (LAA) was issued on 21st March 2003 followed by declaration under Sec. 6 LAA on 19th March 2004.The impugned Award No. 20/ 2005-06/DC was passed on 18th Nov. 2005. The case of the Petitioner is that he has not received any compensation and still remains in possession of the land in question and therefore is entitled to the relief under Sec. 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("2013 Act").

(3.) In the petition it is stated that on 20th Sept. 2018, the Respondent without issuing any notice to the Petitioner, demolished the boundary wall as well as the constructed built-up area which had 17 rooms. Photos of the allegedly demolished property have been enclosed along with the petition.This was in furtherance of the impugned order dated 10th Sept. 2018, by which the subject land was transferred to the National Highways Authority of India (NHAI) "for the Development of NH-344 (UER-II)". The same order has been relied upon to contend that the possession of the land was not taken and continued to vest with the Petitioner. Although in the prayer clause the Petitioner appears to be claiming relief in relation to a total area of 13 bighas and 9 biswa of land, in para 14, his grievance is that the Respondents took forcible possession of land admeasuring 6 bigha and 1 biswa. This contradiction, though pointed out during the course of hearing, has not explained by the counsel for the Petitioner.