ONKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution seeks a direction to the respondents for payment of amount of compensation to the petitioners in terms of Land Acquisition Award No. 4 for the year 2008-09, dated 15.11.2008, announced by the Sub Divisional Officer (Civil)-cum-Land Acquisition Collector, Ambala (P-4).

(2.) Brief facts of the case are that the petitioners are right holders of village Dhakola, Sub-Tehsil Saha, Tehsil Barara, District Ambala. It is claimed that there are more than 500 co-owners of land, who have been described as Mushtarka Malkan (joint owners) in the revenue record of village Dhakola. On 23.12.2005, a notification under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the 1894 Act') was issued proposing to acquire total land measuring 278 Acres 1 Kanal and 1 Marla [out of which 154 Acres 5 Kanals and 6 Marlas of land was falling within the revenue estate of village Dhakola] for a public purpose, namely, for setting up an Industrial Growth Centre, Saha. The Centre was to be developed by the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC). On 29.12.2006, a declaration under Section 6 of the 1894 Act was made by the Land Acquisition Collector acquiring total land measuring 274 Acres 4 Kanals and 16 Marlas including 154 Acres 1 Kanal 15 Marlas of land pertaining to village Dhakola (P-2).

(3.) After issuance of notices under Section 9 of the 1894 Act and affording opportunity of hearing to the petitioners and other land owners, the Sub Divisional Officer (Civil)-cum-Land Acquisition Collector, Ambala-respondent No. 2 announed Award No. 4, dated 15.11.2008 (P-4). It has been alleged by the petitioners that they were present before the Collector on 15.11.2008 and requested him for disbursement of compensation but no payment was made to them. However, payment has been made to other owners, who according to the Collector were entitled to receive compensation. On 22.11.2008, again payment was refused by the Collector without assigning any reason. In order to establish their ownership and the fact that they were in possession of the land in question as Mushtarka Malkan at the time of acquisition with other right holders, the petitioners have placed on record extract of the jamabandi of village Dhakola for the year 1986-87 (P-5). Thus, the only grievance of the petitioners is that they have been illegally deprived of their right of compensation in respect of the acquired land.