ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) WE have heard the learned Sr. Counsel appearing for the petitioners at length and perused the paper-book.

(2.) THE petitioners have challenged Notifications dated 2.5.1988 (Annexure P-3) and dated 1.5.1989 (Annexure P-4) issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act"). The petitioners have also challenged the supplementary award No. 5 dated 28.12.99 (Annexure P-8) passed by the Land Acquisition Collector, Directorate of Urban Estates, Panchkula (Haryana). There is no challenge in the writ petition to the main award dated 29.4.1991. The main grievance of the petitioners is that they have "A" Class construction on the land which has been acquired. The residential house of the petitioners existed on the acquired land, even prior to the issuance of the Notifications under Sections 4 and 6 of the Act. The petitioners had submitted at the time of hearing of the Objections under Section 5-A of the Act that a report has been made by the Land Acquisition Officer, after visiting the spot that the entire area belonging to the petitioners had been constructed and may be exempted from acquisition, keeping in view the policy decision taken by the Government to that effect. This advice was ignored. The petitioners, therefore, agitated the matter in the Civil Court. Ultimately, Civil Suit has been dismissed as withdrawn, in view of the latest decision of the Supreme Court in which it has been held that the Civil Court has no jurisdiction to entertain and decide about the legality or otherwise of the acquisition proceedings. The suit was withdrawn with liberty to file the present writ petition.