RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present petition is to a notification dated 20th April, 1990 issued under Section 4 of the Land Acquisition Act, 1894 ('LAA'), a declaration dated 18th April, 1991 under Section 6 of the LAA and an Award passed on 23rd March, 1993 for acquisition of the land in village Kanhai, District Gurugram, Haryana. The Petitioners also seek release of the land stated to be owned by them under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act').

(2.) The Petitioners are stated to be owners in possession of the land in Mustil No. 34, Killa nos. 19/1/2 (3-18), 19/2 (0-12), 20/2 (5-16), 29 (0-18), 30 (0-8), 23/1 (3-0), situated in village Kanhai, Tehsil and District Gurugram, Haryana. It is stated in the petition that the Petitioners constructed shops in 1985 on the aforesaid land. It is further stated that the Petitioners "have taken compensation of this land" and that they are "ready to deposit the compensation with interest as per law".

(3.) It is further stated in the petition that the Petitioners filed objections under Section 5A LAA, specifically mentioning that they raised constructions on the land in question more than 10 years prior to the issuance of the notification under Section 4 LAA. It is averred that the declaration under Section 6 LAA was issued without intimating the Petitioners about the fate of their Section 5A LAA objections. In para 14 of the petition, it is stated that the surrounding lands of 8 other persons was released. The Petitioners are stated to have approached the authorities a number of times after coming to know of instances of releases. It is averred that the Respondents have discriminated against the Petitioners in releasing adjoining lands of other persons, while acquiring the land in question.