ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges show cause notice dated 10th November, 2008 (P-7), issued by the Director Urban Estate Department, Haryana-respondent No. 5 and subsequent order dated 24th June, 2009 (P-8) withdrawing the release order dated 6th May, 1999 (P-5), which was passed in favour of vendor of the petitioners, releasing land measuring 391.11 Square Yards comprised in Khasra No. 1053, Sector 1, Narnaul.

(2.) The petitioners had purchased the land comprised in Khewat No. 879, Khatoni No. 1276, Khasra No. 1053, situated in village Narnaul, on 31st May, 2005. The vendor of the petitioners was Smt. Kailash Devi who executed sale deed through her GPA Shri Ram Kumar Chaudhary. At the time when the land was purchased it was neither under any acquisition nor there was any encumbrances of the State. It is pertinent to notice that at one stage on 30th October, 1992 this piece of land was part of the acquisition proceedings initiated under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act'). Declaration under Section 6 of the Act including this land also was issued on 28th October, 1993. The predecessor-in-interest of the petitioners had challenged the acquisition by filing C. W.P. No. 12523 of 1995, which was dismissed on 13th August, 1998. However, the predecessor-in-interest of the petitioners succeeded in persuading the authorities of the State Government to release the area measuring 391.11 square yards, comprised in Khasra No. 1053. A copy of the release order dated 6th May, 1999 is on record (P-5). The petitioners have purchased the land after six years of the release order. Even the mutation in favour of the petitioners was sanctioned as is evident from the persual of Annexure P-1.

(3.) The petitioners have asserted that Smt. Kailash Devi @ Kauslalya Devi had already constructed two rooms having a corridor (Varanda), kitchen and a boundary wall on the land in dispute. This fact is evident from para 2(v) of the affidavit dated 25th March, 2008 filed by Shri D. S. Dhesi, Commissioner and Secretary, Government of Haryana, Department of Town and Country Planning. After purchasing the land, the petitioners have further constructed two rooms, a drawing room, lobby and two bath rooms.