ROHTASH Vs. STATE OF HRAYANA

JUDGEMENT

(1.) Challenge in the present writ petition by the present petitioners who are eight in number and legal heirs of deceased Sultan Singh is to the notifications issued under Sec. 4 and 6 of the Land Acquisition Act, 1894 (for short '1894 Act') dtd. 6/5/1992 (Annexure P-2) and 5/5/1993 (Annexure P-3), respectively alongwith Award dtd. 17/11/1994 (Annexure P-4). Resultant relief is sought for release of the land from acquisition in terms of the policy of Haryana Government dtd. 14/9/2018 (Annexure P-5) having been framed under Sec. 101A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short '2013 Act').

(2.) As per the pleadings, the petitioners are the owners in possession of the land falling in village Mouza Patti Mussalman, Hadbast No.174, Sonipat and, their shares have been delineated in paragraph No.2 of the writ petition.

(3.) A perusal of the paper-book would go on to show that the land in question was acquired for the purposes of development and utilization of the land for Residential and Commercial Area of Sonipat in the said village bearing Hadbast No.174 and the acquisition was also made from two other villages namely Shahjahan Pur Hadbast No.82 and Jamalpur Kalan Hadbast No.173. From the village in question namely Patti Mussalman 121.51 acres were sought to be acquired, which was reduced to 121.34 acres as per Sec. 6 notification. Eventually Award No.6 dtd. 17/11/1994 had been passed for the land measuring 84.20 acres falling in village Patti Mussalman, Sonipat and the value of the land at that point of time was fixed @ '3,75,000/- per acre. Grand total of '5,04,65,953.05 was to be disbursed as per the statutory benefits also. The possession of the land was also noted which have been undertaken after offering compensation and as per the Award it vested in the ownership of Haryana Government and on transfer vested in Haryana Urban Development Authority now Haryana Shahri Vikas Pradhikran (HSVP). Apparently no action has been taken over all these years and the said land has vested in the State.