SANJEEV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are seeking quashing of the impugned reply dtd. 18/2/2021 (Annexure P-12) passed by respondent No. 4-Executive Engineer, Bhiwani Water Services Division, Bhiwani, District Bhiwani whereby their land measuring 3 Kanals 2 Marlas comprising in Khasra No. 58/14 min (2-11) 19 min (0-11) situated at village Baganwala, Tehsil Tosham, District Bhiwani was taken into possession illegally by the respondents without proper acquisition proceedings. Further, a direction be issued to the respondents to acquire the said land and pay compensation as per the current market price or in the case of non-acquisition, the possession of the same be handed over to the petitioners.

(2.) The brief facts of the case are that the land of the petitioners was acquired by the respondents before passing award dtd. 28/6/1986 and the construction of sub-minor was also made. However, the respondents neither acquired the land through proper acquisition proceedings nor they paid compensation. Then, the petitioners filed a Civil Suit No. 416 of 2006 to claim compensation as per market rate alongwith 24% interest. The respondents filed written statement taking stand that the acquisition proceedings will be initiated and the compensation will be given to the petitioners. On the basis of their stand in written statement, the civil suit was decreed on 19/1/2010. Copies of the judgment and decree dtd. 19/1/2010 have been placed on record as Annexures P-1 and P-2.

(3.) The respondent-State of Haryana filed Civil Appeal No. 43 of 2009 on 25/2/2010 which was dismissed on 7/5/2010. Copies of the judgment and decree dtd. 7/5/2010 have been placed on record as Annexures P-3 and P-4. The respondent-State of Haryana filed RSA-1290-2015 against the judgment dtd. 7/5/2010 which was dismissed by this Court on the ground of delay vide order dtd. 24/10/2017 (Annexure P6). Thereafter, the petitioners filed execution application on 17/1/2015 in which respondents filed objections that they had calculated the amount of the land at the rate prevalent in the year 1985 when they acquired other land. The objections were dismissed vide order dtd. 11/7/2016 (Annexure P-5). The respondent-department challenged the order dtd. 11/7/2016 by way of filing CR-6631-2017 which was allowed on 14/5/2018 (Annexure P-7). The petitioners filed SLP(Civil)-23933-2018 against the order dtd. 14/5/2018 passed in CR-6631-2017 and the respondent-State of Haryana filed SLP (Civil)-11370-2018 against the order dtd. 24/10/2017 passed in RSA-1290-2015. However, the petitioners withdrew SLP (Civil)-23933-2018 on 14/9/2018 (Annexure P-8) on the ground that they can raise plea in SLP (Civil)-11370-2018. In SLP (Civil)-11370-2018, notice was issued qua the interest only and the said SLP was ultimately dismissed on 1/4/2019 (Annexure P-10).