DILBAG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE this order two writ petitions i.e. C.W.P. No. 5175 of 1990 titled as Dilbagh Singh and others v. State of Haryana and another and C.W.P. No. 6522 of 1990 titled as Dharam Pal and others v. State of Haryana and Others are being disposed of as the facts are common. The facts are given from the writ petition of Dilbagh Singh.

(2.) THIS writ petition deserves to be allowed for the simple reason that procedure prescribed in the Land Acquisition Act for completing the acquisition proceedings was not followed and that acquisition proceedings otherwise lapsed as no compensation for the superstructures existing on the land was paid by making the award within the stipulated time. The facts of the case are, in brief, are as under :-

(3.) FROM the facts as stated, it is clear that notices on the objections, were issued on March 23, 1990 as mentioned in para 10 of the written statement, which is after the date of notification issued under Section 6 of the Act i.e. April 20, 1988. Sections 5-A and 6 of the Land Acquisition Act make it clear that on the objections to the acquisition proceedings, notice, hearing and decision were to be made by the appropriate authority and considering the same notification under Section 6 of the Act was required to be issued. Issuing such notices after the date of notification is merely a farce.