ANJOLIE ELA MENON, PADMASHREE Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petition Nos. 6714, 4254, 4261, 5212, 6354, 6801, 7072, 9194 and 6755 of 2012 as learned counsel for the parties are agreed that the facts and the issue involved are identical. However, the relevant facts for disposal of these writ petitions are being extracted from CWP No. 6714 of 2012 which may be briefly noticed. The land of the petitioners in CWP No. 6714 of 2012 is being acquired for the public purpose of building a 60 metre wide sector road east of the Ghana bandh based only on a general outline of Sector 58 in the Gurgaon Manesar Master Plan 2021. The respondents issued notification under Section 4 of the Land Acquisition Act, 1894 (in short, "the Act") on 24.6.2008. This was followed by declaration under Section 6 of the Act dated 14.7.2008 by invoking urgency provisions under Section 17 of the Act. The petitioners challenged the acquisition proceedings by filing CWP No. 6809 of 2009. This Court on 6.8.2009 granted stay of dispossession of the petitioners from their land under acquisition. On 28th January 2011, declaration under Section 6 of the Act was set aside as it was held that there existed no urgency in terms of Section 17 of the Act. The petitioners were given liberty to file objections to the proposed acquisition and an opportunity of hearing to them before deciding the objections within a month from the date of the decision. The notice was issued by the respondents on 11.5.2011 inviting objections from the petitioners which were submitted on 22.6.2011. Section 6 declaration was issued on 3.2.2012. The petitioners have filed instant writ petition again challenging the acquisition proceedings.

(2.) We have heard learned counsel for the parties and perused the record.

(3.) According to the learned counsel for the petitioners, since the award was not announced within one year from 28.1.2011 when the earlier CWP No. 6809 of 2009 was decided, the Section 6 declaration issued on 3.2.2012 was beyond limitation of one year provided under Clause (ii) of First Proviso to Section 6(1) of the Act and the entire acquisition proceedings have lapsed.