CONVERTAID ENGINEERS PVT. LTD. Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIFTY three petitioners have challenged the Notification dated 18.8.1987 under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act), Annexure P.13, Notification dated 12.8.1988 under Section 6 of the Act, Annexure P.14 and the award dated 11.8.1990, Annexure P.15 in the present writ petition filed on 9.7.2001.

(2.) THE brief facts necessary for the decision of the present writ petition are that one M/s Racman Auto Private Ltd. was owner of the land measuring 133 Kanals 19 Marlas situated within the revenue estate of village Mujesar, Hadbast No. 9 including land measuring 40 Kanals 3 marlas which was purchased by the company in the year 1963-64. Although there were earlier notifications for acquisition of the land but such notifications are not relevant for determination of the controversy in the present case. The acquisition under challenge was initiated by virtue of a notification dated 18.8.1987 under Section 4 of the Act in respect of the land measuring 5.02 acres i.e. the land which was purchased by M/s Racman Auto Private Ltd. in the year 1963-64. After the objections were considered, notification under Section 6 was issued on 12.8.1988. Such notifications under sections 4 and 6 were challenged by the petitioners and some other persons by way of the writ petition No. 7766 of 1989 and the said writ petition was dismissed after reply and replication was filed on 9.11.1989. Subsequent to the dismissal of the writ petition, the Land Acquisition Collector announced the award on 11.8.1990. It was recited in the award that the possession of the land acquired vide this award will be taken over immediately after offering the compensation which has duly been offered today.

(3.) THE petitioners challenged the acquisition proceedings after proclamation was made in the locality by the chowkidar that the possession of the land would be taken on 26.7.2001.