KRISHNA DEVI Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Prayer in this petition filed under Articles 226/.227 of the Constitution of India is for issuance of a direction to respondent No.1 to release the land of the petitioner from acquisition.

(2.) A few facts relevant for adjudication of the controversy involved, as narrated in the petition, may be noticed. On 22.3.1990, the State of Haryana issued notification, Annexure P.1 under Section 4 of the Land Acquisition Act, 1894 (in short, "the Act") proposing to acquire 688.93 acres of land in Villages Jharsa, Silokhra and Islampur, Tehsil and District Gurgaon for public purpose of development and utilization of land as residential, commercial, institutional and maintenance of open space area at Gurgaon. On 19.3.1991, Notification, Annexure P.2 was issued under Section 6 of the Act. Award was announced by the land Acquisition Collector, CWP No.4498 of 2013 2 Gur- gaon on 16.3.1993 for 580.73 acres of land only. No award was announced in respect of remaining 108.20 acres of land on the ground that the same was either withdrawn under Section 48 of the Act by the Government or acquired by other departments. Against the award, the petitioner and other residents of the said area filed reference petition under Sections 18 and 30 of the Act. Learned Additional District Judge, Gurgaon passed award dated 4.4.2009 enhancing the compensation. The petitioner moved representation, Annexure P.4 to respondent No.1 on 7.11.2012 for exemption of her land from acquisition as some land had been released by the Government from acquisition. Having received no response, the petitioner is before this Court through the present writ petition.

(3.) We have heard learned counsel for the petitioner and perused the record.