RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners impugn the notifications dated 24.11.2006 and 27.11.2006 both issued under Sections 4 & 6 read with Section 17 of the Land Acquisition Act, 1894 (in short, 'the Act') followed by the Award dated 25.01.2007 whereby their land was acquired for development and its utilization for alignment of Delhi Metro Railway Construction Project in Gurgaon. The petitioners have come up at this stage seeking quashing of the above -mentioned notification to the extent it acquires the strip of land shown in Orange colour in the site plan (Annexure P6) on the ground that they are still in 'possession' of the above -stated land hence the acquisition to that extent is liable to be set aside in view of Section 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) HAVING heard learned counsel for the petitioners and after perusal of the site plan (Annexure P6), we are satisfied that the claim put forth by the petitioners is frivolous and merits outright rejection. It may be seen from the site plan (Annexure P6) that the Metro Railway line has been laid on pillars having metalled road and green belt on one side and approach road on the other side. The strip of land allegedly in possession of the petitioners is abutting the green -belt. From the location of the land, we have no reason to doubt that the petitioners are neither in possession of the strip of land nor it is under their utilization. It may also be mentioned here that the petrol pump site of the petitioners has already been released from acquisition. The petitioners' claim is thus totally against public interest as the strip of land, even if lying unutilized, is likely to be utilized for extension of road or green -belt in near future.