SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in the present writ petition, filed by the six petitioners under Articles 226/227 of the Constitution of India, is for seeking release of the acquired land on the strength of the Policy dtd. 14/9/2018 (Annexure P-10) issued under Sec. 101-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act of 2013').

(2.) The petitioners are owners of the land bearing khasra No.33//20 (5-8), 33//21 (3-0) as share- holders in village Kanhai District Gurugram (for short 'the land in question'). The land in question was sought to be acquired by the State vide notification dtd. 20/4/1990 (Annexure P-2) issued under Sec. 4 of the Land Acquisition Act, 1894 (for short, 'the Act of 1894') and subsequent notification dtd. 18/4/1991 (Annexure P-3) under Sec. 6 of the Act of 1894. Apparently, the Award was also passed on 23/3/1993 (Annexure P-4) whereby the land of the petitioners was sought to be acquired for the public purposes, i.e residential, commercial and institutional area and recreational zone and open space in Sectors 44, 45 and 46 at Gurgaon and the land stood vested in the State under Sec. 16 of the Act of 1894. The claim of the petitioners is that they did not receive any compensation and they are in physical possession of the land in question. The petitioners had constructed the residential houses and shops in the land in question prior to the issuance of the notification under Sec. 4 (Annexure P-2) of the Act of 1894 and they are residing in the said residential houses. On merits, efforts have been made to build up the case on the ground of discrimination without having challenged the acquisition on merits initiated way back in 1993 and the vesting of the land in the State under Sec. 16 of the Act of 1894.

(3.) It has been mentioned in the written statement filed on behalf of respondents No.1 and 2 that the petitioners did not file objections under Sec. 5-A of the Act of 1894 and the land, at the time of notification under Sec. 4 of the Act of 1894, was found to be vacant, therefore, the same was recommended for acquisition. It has further been averred that the compensation of the entire acquired land was Rs.12,27,47,937.60 had been tendered at the time of announcement of the Award. A sum of Rs.11,20,50,371.55 had already been collected by the majority of the landowners and only compensation Rs.1,06,97,566.00 has not been taken by the landowners including the petitioners and the compensation amount of Rs.1,95,022.00 has already been sent to the ADJ Court under Sec. 31(1) of the Act of 1894. The physical possession of the land had been taken vide Rapat Roznamcha No.425 dtd. 23/3/1993 and the same was handed over to Haryana Shehri Vikas Pradhikaran (HSVP). Therefore, the acquisition proceedings stands completed for all intents and purposes and the land stands vested in the beneficiary department, i.e HSVP.