DHANPAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case has been heard through video conferencing on account of COVID-19 Pandemic.

(2.) The petitioners have impugned notices dated 17.03.2020, Annexure P-2 (Colly.) issued by respondent No.3-The Collector-cum-Estate Officer, Haryana Urban Development Authority, Gurugram, whereby the petitioners have been directed to vacate their premises which is part of Killa No.28/26.

(3.) It is pleaded case of the petitioners that previously their predecessors-in-interest were in possession of the land in question, in which they constructed residential house, well before 1954. In 1983 the Gram Panchayat of the village through its Sarpanch filed an ejectment application under the Punjab Village Common Land (Regulation) Act, 1961 before the Assistant Collector Ist Grade, Gurugram against the predecessors-in-interest of the petitioners. The application was allowed by order dated 5.4.1983. However, the appeal filed against the said order was accepted by the District Collector, Gurugram by order dated 13.9.1983 (Annexure P-1). In the meantime, Government started proceedings to acquire the land including the property in question. Notifications under Section 4 dated 13.11.1981 and under Section 6 dated 30.1.1984 of the Land Acquisition Act (for short 'the Act'), were issued. Finally Award dated 26.12.1984 was passed by the Land Acquisition Collector. However, till date neither any compensation was paid nor the possession of the property was taken over by the Government. The aforesaid acquisition proceedings have already lapsed. Now after lapse of more than 36 years the Government has got no right to ask the petitioners to vacate the property in question.