RAM PRASAD YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed for issuance of writ in the nature of mandamus/certiorari for quashing the impugned order dated 13.10.2017 (Annexure P-15] and all subsequent proceedings and the action of the respondent authorities in not releasing the land in question by claiming the same to be against the provisions of Section 24 [2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after to be referred as the Act of 2013] and further urging that the acquisition of land in their case stands lapsed by virtue of Section 24(2] of the Act of 2013, as the physical possession of the land is with him and the compensation has neither been paid to him nor deposited in the Ld. Court.

(2.) At the heart of the present petition, the issue for consideration before us is with regard to the right of the subsequent purchaser to question the validity of the acquisition proceedings and claiming lapse of the acquisition proceedings in view of section 24(2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) The brief factual matrix, necessary for the purpose of deciding the present petition is that the Government of Haryana through Urban Estates Department issued notification u/s 4 of the Land Acquisition Act, 1894 on 2nd August, 1989 thereby declaring its intention to acquire the land including the land of the petitioner comprising in Khasra no. 50/14 measuring 100 square yards situated in revenue estate of Village Mewla Maharajpur, District Faridabad, Haryana for the public purpose namely for the development and utilization of land as residential and commercial in Sector 45, Faridabad. The notification under section 4 was followed by the declaration dated 01.08.1990 issued u/s 6 of the Land Acquisition Act, 1894 and subsequently the award was announced on 07.10.1991.