RAJESH KAUSHIK Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) On August 31, 1987, the State of Haryana issued a notification tinder Sec. 4 of the Land Acquisition Act, 1894 for developing Sector 3, Urban Estate, Panchkula. On August 26, 1988, the notification under Sec. 6 was issued. On March 27, 1989, the award was given. The petitioner who owned a one Kanal plot and had built a small industrial unit thereon lost his land. He applied for the allotment of a plot out of the oustees quota. Vide letter dated August 5, 1996, the Estate Officer asked for the comments of the Land Acquisition Officer. Vide endorsement dated August 21, 1996, a copy of which is at Annexure P -6, the Land Acquisition Officer forwarded the petitioner's case for sympathetic consideration. Vide order dated May 27, 1999, the petitioner's request was declined with the following observations :

(2.) A copy of this order is at Annexure P -8 with the writ petition. Aggrieved by this order, the petitioner has approached this Court through the present writ petitioner. He alleges that the order is based on a wrong assumption of facts. Thus, it is vitiated. He prays that the order be quashed and that the authority be directed to allot a plot.

(3.) A written statement on behalf of respondents No.1 and 3 has been filed. It is stated that "as per award statement, house alongwith 4 walls has been acquired... .. ... ... the office of respondent". It has been further admitted in para 12 of the written statement that notification under Sec. 4 was issued on August 31, 1987 and that the notification under Sec. 6 was dated August 26, 1988.