LAWS(P&H)-2014-8-146

PREM LATA Vs. STATE OF HARYANA

Decided On August 13, 2014
PREM LATA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS petition has been filed praying for direction for setting aside the order dated 21.11.2013 (Annexure P -20) and order dated 01.07.2014 (Annexure P -21) whereby the prayer of the petitioners for release of their land has been declined. The petitioners have also impugned the notification dated 07.01.2008 (Annexure P -3) issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and notification dated 06.01.2009 issued under Section 6 of the Act as also the award dated 04.01.2011 (Annexure P -9) passed in relation thereto.

(2.) THE petitioners state that they are joint owners and in actual physical possession of a Mandir and surrounding land, which is part of the land measuring 990 sq. yards situated in Kila No. 101/2, Village Sunaria Kalan, Tehsil and District Rohtak (Haryana). They had purchased the said plot through a registered sale deed dated 22.07.2005. They have stated that they are carrying on their business of trade in wood and have a godown for storage of wood on the said land.

(3.) THE petitioners, thereafter, filed CWP No. 17076 of 2009, challenging notifications issued under Section 4 and 6 of the Act. However, the said writ petition was dismissed as withdrawn with liberty to the petitioners to approach the respondent authorities on the administrative side. Thereafter, the petitioners made various representations to the authorities including to the Chief Minister for release of their land but no action appears to have been taken on the said representations. It is stated that during the pendency of the said representations, the respondent authorities demolished the structures of the petitioners existing on the said land and only a Mandir was left intact, which is still standing at the site.