PREM LATA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this writ petition, the petitioners seek quashing of notification dated 21.1.1981 (Annexure P-1) issued under Section 4 of the Land Acquisition Act (hereinafter referred to as 'the Act') and declaration issued under Section 6 of the Act vide notification dated 14.8.1981 (Annexure P-2) being not in accordance with law.

(2.) Counsel for the petitioners submits that the Government of Haryana issued notification dated 21.1.1981 for acquiring 28 acres 4 Kanals and 16 Marlas of land for establishment of new grain market, vegetable market, rest house, gadda shed, staff quarters and office building of the Market Committee, Chhachhrauli, Tehsil Jagadhari, District Ambala (now Yamuna Nagar ). In pursuance of the provisions of Section 34 of the Punjab Agricultural Produce Market Act, 1961, Market Committee, Chhachhrauli at Chhachhrauli, requested the Government to acquire the land under the provisions of the Act on payment of compensation by the said Committee, to be awarded under the Act and all other charges incurred by the State Government on account of the acquisition. The Government accordingly issued the notification for the said public purpose. Petitioners No.1 to 4 who are joint owners in possession as share holders in the land comprising khasra Nos.97/23, 32, 33 and 106// 3/2, 4, 9/1/1, 9/1/2 total measuring 31 Kanals 17 Marlas and petitioners No.5 and 6 being tenants in possession of land comprising khasra No.97/31, measuring 15 Kanals 15 Marlas and petitioner No.7, who was owner in possession of the land comprising in khasra Nos.97/25/2, 34, 98/21, 105/1, 2, 9, 10, 11/1, 106/5, 6/1 total measuring 42 Kanals 19 Marlas situated within the municipal limits of Chhachhrauli, Tehsil Jagadhari, District Ambala (now Yamuna Nagar) preferred objections under Section 5-A of the Act, copies of which are appended as Annexures P-3 to P-6 respectively. No opportunity of hearing was granted to the petitioners. On consideration of the objections filed by the petitioners, the Land Acquisition Collector, submitted a report to the State Government under Section 5 (2) of the Act recommending that the land measuring 5 Kanals 8 Marlas in khasra No.97/31 be exempted as there existed a small scale industry. The recommendation was not accepted by the Government and a declaration under Section 6 of the Act was issued vide notification dated 14.8.1981 (Annexure P-2) and no land was exempted. He contends that the provisions as contained under Section 6(2) of the Act have not been complied with. After the issuance of the notification dated 14.8.1981, the Land Acquisition Collector proceeded to announce the Award dated 12.6.1984 (Annexure P-7) for the year 1984-85. Sections 19 (1) and 19 (2) of the Act also have not been complied with as the requirement of issuing notice to the public at large and to be given at the convenient places has not been made by the respondents. He submits that no award with regard to the land of the petitioners was announced by the Land Acquisition Collector while giving award dated 12.6.1984 (Annexure P-7). However, subsequently the Land Acquisition Collector announced another award dated 9.5.1986 (Annexure P-8) qua the land of the petitioners. Again, the provisions as contained under Section 9 of the Act have not been complied with qua the petitioners as well. He vehemently contends that proviso to Section 11 of the Act provides that before the Award is announced by the Collector, he shall take prior approval of the State Government, which has not been done in the present case. In support of this contention, he relies upon the judgment of the Hon'ble Supreme Court in the case of State of U.P. & Ors. v. Rajiv Gupta and another, 1994 5 SCC 686, as also a Division Bench judgment of this Court in the case of Suresh Chand and others v. State of Haryana and another, 2003 2 PunLJ 306.

(3.) Counsel for the petitioners submits that the notification under Section 6 of the Act was issued on 14.8.1981 whereas the Award qua the land of the petitioners has been announced on 9.5.1986 (Annexure P-8) which is beyond the period as prescribed under Section 11-A of the Act which provides for a period of two years from the issuance of declaration under Section 6 of the Act.