RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners seek quashing of the notifications dated 7.2.2008 (Annexure P-3) and 6.2.2009 (Annexure P-4) issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as, 'the Act'), respectively, whereby their land measuring 31 kanal 12 marlas comprising khasra numbers mentioned in para No. 2 of the writ petition, situated within the revenue estate of village Faridpur, Tehsil and District Faridabad, has been acquired. The acquisition has been made 'for the development of residential and commercial Sectors 76, 77 & 78 at Faridabad' under the Haryana Urban Development Authority Act, 1977, to be developed by the Haryana Urban Development Authority (for short, 'the HUDA'). The principal grievance of the petitioners is that even if the acquisition of their vacant agricultural land for the notified public purpose is assumed to be valid, their residential houses located on the land measuring 1500 square yards deserve to be released from acquisition. It is pointed out that the petitioners are residing in these houses since the year 1960 and the factum of existence of residential houses before issuance of notification under Section 4 of the Act, has been duly admitted and acknowledged by the respondents. The petitioners have placed on record photographs to substantiate their plea.

(2.) We find from the photographs that the structures raised by the petitioners are undoubtedly old. In fact, respondent No. 1 & 4 in para No. 2 of their written statement have also admitted the construction of residential houses by the petitioners where it is averred that:-

(3.) The petitioners rely upon the Government Policy dated 26.10.2007, which, inter-alia, provides:-