KASHI RAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ of certiorari quashing the notifications dated 19.12.2002 and 18.12.2003 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and award dated 16.12.2005 regarding the land comprising of Khasra No.25/1(1-1) of Rect. No.81 situated in village Kahirpur, Hadbast No.79, Tehsil and District Sirsa. Further prayer has also been made for issuance of direction for releasing the said land from acquisition as it was an isolated piece of land which was acquired arbitrarily in exercise of doctrine of eminent domain by exercising the colourable exercise of powers without there being any necessity.

(2.) The case set up by the petitioner is that he is the owner of the above mentioned land on which he had constructed a room alongwith boundary wall with the gate installed on it and is being used for his residential and kitchen garden purpose since the date of its purchase i.e.14.6.2002. A notification for acquisition of 516.07 acres of the land was issued for setting up residential and commercial complex of Sector 19 & 20 Part, Sirsa under Haryana Urban Development Act, 1977 by the Haryana Urban Development Authority. The said notification was not published and proclaimed as per the statutory requirement of Section 4 of the Act and thereafter, declaration under Section 6 of the Act was notified on 18.12.2003 for the land measuring 407.41 acres.

(3.) Counsel for the petitioner has vehemently argued that the petitioner is still in possession of the land in question and in view of the judgment of the Hon'ble Apex Court in Raghbir Singh Sehrawat Vs. State of Haryana and others, 2012 1 SCC 792, he is entitled to challenge the acquisition proceedings. It was submitted that the acquisition proceedings are liable to be set aside since there was recommendations in favour of the petitioner. Reliance was placed on the decision dated 11.3.2013 passed in Civil Writ Petition No.4764 of 2013 Dushyant and others Vs. State of Haryana and others.