PARSHOTAM DASS Vs. STATE OF HARYANA

JUDGEMENT

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

(2.) The petitioner has filed this petition seeking writ of mandamus declaring that the entire acquisition proceedings have lapsed under Sec. 11A of the Land Acquisition Act, 1894 (in short 'Act of 1894') and that the acquisition proceedings have also lapsed under Sec. 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'Act of 2013') and declaration that he is the owner in possession of the subject land and in case the respondents want to acquire the subject land, it has be to be acquired in accordance with the procedure prescribed under Act of 2013, by assessing compensation at the current market rate along with all other statutory benefits.

(3.) The case of the petitioner in brief is that he along with one Raghunandan Dass and Dinesh Kumar are the owners and in possession of the land bearing Khewat No.87/127, Killa No.6//9/2 (4 Kanals 16 Marias) situated in revenue estate of village Manakpur, Tehsil Jagadhari, District Yamunanagar, being Muafidars. Actually the predecessors in interest of the petitioner were inducted as Maufidars in the aforesaid land at the time of first settlement, by the provincial Government. The Haryana Government decided to acquire land in the area of village Manakpur, Tehsil Jagadhari, District Yamunanagar, for establishment of industrial area vide notification dtd. 8/9/1993 under Sec. 4 of the Act of 1894. Thereafter, declaration under Sec. 6 of the Act of 1894 was made vide notification dtd. 6/7/1994 and finally award dtd. 8/10/1997 (Annexure P-1) was passed by the Land Acquisition Collector. The petitioner filed application dtd. 18/11/1997 to get the compensation of his acquired land, but his request was not considered. On this, the petitioner issued legal notice dtd. 1/6/1998 (Annexure P-2) to the Land Acquisition Collector. However, no response was given to it, by the Land Acquisition Collector. The aforesaid acquisition proceedings lapsed as per the provisions of Sec. 11A of the Act of 1894,as the award (Annexure P-l) was not passed within the statutory period of two years from the date of publication of declaration.