PARVEEN AHUJA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the notifications dated 12.6.2000 (Annexure P-15) issued under Sec. 4 of the Land Acquisition Act, 1894 (in short "the Act") and dated 11.6.2001 (Annexure P-16) under Sec. 6 of the Act for acquisition of land including the land of the petitioner situated within the revenue estate of Ajronda, Tehsil and District Faridabad.

(2.) Put shortly, the facts necessary for adjudication of the present petition as narrated therein may be noticed. The petitioner purchased the land measuring 19 marlas being 19/151 share of land measuring 7 kanal 11 marlas situated within the revenue estate of Ajronda, Tehsil and District Faridabad and mutation dated 17.2.1992 (Annexure P-1) thereof was sanctioned in his favour. In Dec., 1950, some lands including the land of the petitioner were notified for acquisition for development of a New Industrial Town at Faridabad including the land of the revenue estate of Ajronda situated between the western side of Delhi-Mathura Road and the eastern side of the railway line. The Estate Officer of the New Industrial Town of Faridabad had sought to obtain possession of the lands situated between railway line and Delhi Mathura Road in 1979 by issuing notices under Sec. 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for brevity "1971 Act"). Some of the landowners who were served with notices under Sec. 4 of the 1971 Act, filed writ petitions. The said writ petitions were allowed and the notices under Sec. 4 of the 1971 Act were quashed by this Court vide order dated 27.4.1981 passed in CWP No. 631 of 1979. The LPA filed against the said order was dismissed by this Court vide order dated 30.4.1982 and the SLP against thereto was also dismissed by the Supreme Court vide order dated 28.7.1993 (Annexure P-4). Respondent No.1 had issued notifications dated 19.12.1973 (Annexure P-5) and dated 6.11.1981 (Annexure P-6) under Sec. 4 of the Act for acquisition of land situated within the revenue estate of Arjonda between the railway line and the Delhi Mathura Road with a view to peg down the prices of the land but the said notifications were allowed to lapse. Thereafter, notification dated 6.2.1989 (Annexure P-7) issued under Sec. 4 of the Act followed by notification dated 2.2.1990 (Annexure P-8) under Sec. 6 of the Act for acquisition of the land in question. The said notifications were challenged by way of writ petitions and the notifications in question were quashed by this Court vide order dated 23.9.1991 (Annexure P-9) passed in CWP No. 3617 of 1990. Another notification dated 5.6.1992 (Annexure P-10) under Sec. 4 of the Act was issued for acquisition of the land. Some of the landowners filed objections under Sec. 5-A of the Act. The respondent-State did not go ahead with the acquisition of the lands qua the land of the petitioner. Thereafter, another notifications dated 5.6.1992 (Annexure P-11) under Sec. 4 of the Act and dated 3.7.1995 (Annexure P-12) under Sec. 4 of the Act followed by notification dated 3.7.1995 (Annexure P-13) under Sec. 6 of the Act were issued for acquisition of the land in question. The petitioner along with other challenged the said acquisition by way of CWP No. 12359 of 1998 and this Court vide order dated 11.5.1999 (Annexure P-14) quashed the acquisition proceedings. Again Government of Haryana vide notification dated 12.6.2000 (Annexure P-15) issued under Sec. 4 of the Act followed by notification dated 11.6.2001 (Annexure P-16) under Sec. 6 of the Act acquired 23.09 acres of land for commercial, institutional, recreational and residential purposes as Sector 20-A, Urban Estate, Faridabad. The petitioner filed objections under Sec. 5-A of the Act. A public notice dated 13.6.2001 (Annexure P-17) was published for publication of notification dated 11.6.2001. State of Haryana through Local Government Department agreed to regularise the area in and around the land of the petitioner and wrote a letter dated 24.3.1994 (Annexure P-18) to the then Faridabad Complex Administration for regularisation of unauthorized area of Ajrondi, Sector 21-A, Faridabad. The lands of Shri Mahipal Singh etc. was released from acquisition vide order dated 5.4.1991 (Annexure P-19). Further, the Friends Colony set up in Sector 20, Faridabad has been excluded from acquisition vide letter dated 15.3.1996 (Annexure P-20). Similarly, the land of G.S. Kocher and Company has also been released vide order dated 27.5.1997 (Annexure P-21) and that of Kewal colony, Faridabad has also been excluded from the acquisition. However, the land of the petitioner has not been excluded from acquisition. Hence, the present writ petition.

(3.) An application bearing CM No. 13231 of 2014 has been filed under Sec. 151 of the Code of Civil Procedure for release of the land in question in view of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act") as the petitioner is still in physical possession of the same and no compensation has been paid to him.