NEKI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE Government had acquired land vide notifications dated March 28, 1985 and January 16, 1986. Copies of the four notifications issued by the Government under Sections 4 and 6 of the Land Acquisition Act, 1894 have been produced as Annexures P.1 to P.4. The petitioner alleges that no compensation has been paid till now. Thus, he prays that the notifications be quashed.

(2.) THE respondents contest this position. It has been pointed out that the petitioner had initially filed CWP No. 1002 of 1986 to challenge the notifications impugned herein. This writ petition was decided vide judgment dated May 8, 1992. The petitioner was relegated to the remedy of a civil suit. He had filed a civil suit in the year 1992 which was decided on March 26, 1997. While the matter was under consideration, the petitioner has approached this court through the present writ petition.

(3.) IT is undoubtedly correct that under the provisions of Section 11-A, the award has to be given within two years of the declaration under Section 6. Still further, Section 31 requires the Land Acquisition Collector to pay the compensation in accordance with the award unless any of the contingencies as mentioned in Clause (2) arise. In that event, the deposit has to be made in the court to which a reference under Section 18 would be submitted. The obvious intention of the Legislature is to ensure that the land owner does not have to wait indefinitely or to run after the authority for the payment of money.