VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition filed under Articles 226/227 of the Constitution of India, the petitioner, inter alia, had prayed for issuance of a writ in the nature certiorari for quashing the notifications dated 1.7.1982 (Annexure P -1) issued under Section 4 of the Land Acquisition Act, 1894 (in short "the Act"), dated 5.1.1983 (Annexure P -2) issued under Section 6 of the Act and award dated 24.6.1986 (Annexure P -3). Briefly stated, the facts necessary for adjudication of the present petition are that the petitioner along with others was owner in possession of plot/khasra Nos. 131/1, 132/1, 132/3 situated within the revenue estate of village Deva, Tehsil and District Hisar. Respondent No. 2 issued notification dated 1.7.1982 (Annexure P -1) under Section 4 of the Act for acquiring the land of the petitioner and others bearing khasra Nos. 131 and 132 for construction of road passing from village Mulkan to Deva Road in Hisar District followed by notification dated 5.1.1983 (Annexure P -2) under Section 6 of the Act. After acquisition of the land, the road in question was constructed from east corner of khasra No. 132 and area of 69 square yards was included in the road. However, no area of plot No. 131 was included in the said road. The petitioner approached the respondent for demarcation of the land in question and also correction of the mutation in the land entered in the revenue record according to the road actually having been constructed. Respondent No. 3 passed award dated 24.6.1986 for the acquisition of the said land. However, the petitioner and other landowners did not receive any compensation for acquisition of the land. The petitioner and other landowners sent a detailed representation dated 15.10.2011 (Annexure P -4) to Executive Engineer, PWD (B & R), Provincial Division 1st, Hisar for correction of the entries in the revenue record and for entering mutation of the actual land acquired for the road in the name of the respondent -department and mutation of the remaining land in the name of the petitioner and other landowners. According to the petitioner, the said plots/khasra Nos. 131 and 132 except 69 square yards are still in possession of the petitioner and other landowners of the plots and they have not received any compensation inspite of repeated requests and representations. Hence, the petitioner along with others was entitled to the release of remaining land from the acquisition. Hence, the present writ petition.

(2.) LEARNED counsel for the petitioner submitted that the award was passed after the expiry of two years of the issuance of notification under Section 6 of the Act on 5.1.1983 and thus, the acquisition proceedings had lapsed and the land of the petitioner deserves to be released. Reference was made to Section 11A of the Act. It was also submitted that mutation of the remaining land after excluding 69 square yards on which construction had been raised was excluded from acquisition comprised in khasra Nos. 131 and 132 which have been wrongly entered in the name of the department and the same were liable to be corrected and released from the acquisition.

(3.) SECTION 9 of the Land Acquisition (Amendment) Act, 1984 introduced Section 11A into the Act with effect from 24.9.1984 which reads thus: -