GIAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant order shall dispose of C.W.P. No. 2244 of 1991, C.W.P. 9650 of 1992 and C.W.P. No. 9651 of 1992.

(2.) The dispute in all the three cases is with regard to the acquisition of the land of the petitioners which is sought to be acquired by issuing notification dated 25.01.1990 under Section 4 of the Land Acquisition Act, 1894 (for brevity, the 'Act') and declaration dated 22.01.1991 issued under Section 6 of the Act (Annexure P10). The land belonging to the 31 petitioners measuring 2.86 acres is sought to be acquired although it was released from acquisition when the whole land belonging to them was acquired. It is appropriate to mention that the petitioner belong to four joint Hindu undivided family which consists of 20 major members and 11 minor members. Their total holding of 65 acres situated in Taraf Rajputan and Taraf Afgan, Panipat was acquired for utilization and development of Sectors 11 and 12, Part-I and Part-II and Sector 25, Panipat. In that regard, two notifications dated 30.08.1977 and 15.12.1982 were issued, a copy of the notification dated 15.12.1982 has been placed on record (Annexure PI). Feeling aggrieved, the petitioners have represented for release of their land on 08.03.1985 (Annexure P2) to the respondent-State. By taking into consideration that the family of the petitioners consists of over 30 members, the State had released 22 kanals 17 marlas of land for construction of their houses. The letter dated 12.03.1986, releasing land, sent to District Town Planner, Karnal, has been placed on record (Annexure P3) and detail of the land has also been placed on record (Annexure P4). According to paragraph No. 2 of the release order, the Government decided to release the land so as to enable the land owners to use this area for construction of their house because the whole land of these applicants had already been acquired.

(3.) Despite the fact that the land measuring 22 kanals 17 marlas was released which was again sought to be utilized. The petitioners, apprehending the danger of acquisition and utilization of their land, filed C.W.P. No. 7015 of 1987 which was allowed on 11.07.1988. A Division Bench of this Court held that the land was released and it could not be acquired once an order dated 12.03.1986 (Annexure P3) was passed. The Division Bench also clarified that the land in fact stood released from acquisition. Even the Special Leave Petition filed in Hon'ble the Supreme Court against aforesaid judgment, was also dismissed on 14.12.1989 (Annexure P6).