BIRWATI CHOUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a writ petition challenging the acquisition proceedings which commenced with a notification dated 17th December, 1981 issued under Section 4 of the Land Acquisition Act, 1894 ('LAA'), a notification dated 27th April, 1988 under Section 6 of the LAA and culminated in an Award dated 28th April, 1987, in respect of land acquired for the development of industrial area in Sector-25 (Part-I), Faridabad for the Haryana Urban Development Authority ('HUDA').

(2.) This is the fourth round of litigation concerning these land acquisition proceedings. In the first round, the Petitioners had filed CWP No.960 of 1990, which was dismissed by this Court on 3rd August, 2010. The Special Leave Petition ('SLP') filed by the Petitioners against the aforesaid order of this Court stood dismissed by the Supreme Court on 15th April, 2011.

(3.) In the second round, CWP No. 9243 of 2012 was filed by the Petitioners aggrieved by the rejection of their representation to the Respondents for release of their land. The aforesaid writ petition was dismissed by this Court on 9th September, 2013. While the SLP (Civil) No. 12156 of 2014 filed by the Petitioners against the abovementioned order dated 9th September, 2013 was pending in the Supreme Court, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter, '2013 Act') came to be passed. On 23rd January, 2015, while dismissing SLP No. 12156 of 2014, the Supreme Court passed the following order :