JAI DURGA INDUSTRIES Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON November 17, 1982 the State Government issued Notification under Section 4 of the Land Acquisition Act, 1894. By this the Government indicated its intention to acquire the land for the purpose of developing Sector 15 in Gurgaon. On December 10, 1984 a Notification under Section 6 was issued. The petitioner alleges that it has a running industrial unit in a plot measuring 515 sq. yds. It made a prayer for the grant of exemption from acquisition. Vide letter dated May 18, 1998, the Director, Urban Estates, Haryana, asked for a clear report regarding the position of the land in the lay out plan so as to determine the issue of the release of the petitioner's plot. The reply was sent by memorandum dated July 16, 1998. The copy is on record an Annexure P-8. The Administrator informed the Director, Urban Estates, that the case had already been recommended by his predecessor and that he too did not "have an objection if 515 sq. yds. land of the applicant is released from acquisition." Despite this clear recommendation, no decision was taken. The petitioner felt threatened that it was going to be dispossessed. Thus, it has approached this Court through this petition.

(2.) NOTICE of motion was issued. Reply has been filed.

(3.) ADMITTEDLY , the notification for acquisition of land was issued in December 1984. According to the averments in the written statement the award was announced on September 21, 1986. Almost 14 years have elapsed since then. The petitioner is admittedly in possession of the land. It is also not disputed that a compensation of Rs. 48,000/- had been assessed. However, learned counsel for the respondents concede that it was not paid to the petitioner. Resultantly, it appears that the respondents did not really need the petitioner's land. Otherwise, it is unthinkable that no body shall take possession (despite announcing the award) for a period of almost 14 years.