HUKAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have approached this Court with a prayer that their constructed houses situated in khasra No. 210 Killa No. 14 were acquired vide notification dated 15.6.2006 (P.6) issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act'). THE respondent- State had expressed intention to acquire land situated at Palwal HB No. 73 measuring 209.42 acres for public purpose of development and utilization as commercial and residential public utility for Sector 12, Palwal. THE petitioners did not submit objection under Section 5 A of the Act although their co-sharers filed objections. Eventually declaration under Section 6 of the Act was issued on 14.6.2007 (P.7). It appears that before the award could be passed the petitioners approached this Court challenging acquisition proceedings.

(2.) IN para 5 of the written statement it has been asserted that the petitioners did not file objections under Section 5 A of the Act and that according to the survey report of dealing patwari there were 10 rooms in ground floor and 6 rooms on first floor and latrine and bathroom over khasra No. 219/14 pertaining to Bijender, Devi Singh ss/o Bhagwan Sahai, there were 3 rooms and one room on first floor and latrine, bathroom in khasra No. 219/14 pertaining to Balram s/o Bhagwan Sahi, there were 2 rooms and verandah, kitchen, latrine and bathroom of Hukam Singh s/o

(3.) WHEN the matter came up for motion hearing on 24.2.2010 an affidavit was filed by petitioner no.1, Hukam Singh, asserting that the Deputy Commissioner, Palwal alongwith the Administrator, HUDA had conducted survey of the acquired land and ha found that construction was in existence. It has been found by the survey team that construction is existing at the spot and any further decision/ action is to be taken by the department. Accordingly, we had asked the learned State counsel to seek instructions with regard to the averment made as to why no decision has been taken on the survey report.