RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The pleaded case of the petitioners is that acquisition proceedings were initiated by issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') on 30.11.2006, which culminated in declaration made under Section 6 of the Act in 2007. Thereafter the award has been passed and the possession is deemed to have been taken.

(2.) The instant petition has been filed with a prayer for release of the area which is alleged to have construction on it. A perusal of the objections filed by Raghbir Singh-petitioner No. 1 (P-14) would show that he has asked for the release of the land or in the alternative higher rate of compensation. Similar objections have been filed by other petitioners, which are Annexures P-15 and P-16. Having heard learned counsel we have not been able to persuade ourselves to entertain the petition at this stage when the land free from all encumbrances has vested in the State. There is power to release the land under Section 48 of the Act, which stands exhausted. There is no possibility of releasing the land as there is no provision for such an action. The petition suffers from delay and laches. Dismissed.