RAMESH KUMAR AND OTHERS Vs. FINANCIAL COMMISSIONER AND PRINCIPAL SECRETARY TO GOVERNMENT OF HARYANA, INDUSTRIES AND COMMERCE DEPARTMENT, HARYANA

JUDGEMENT

(1.) The petitioners claim to be in possession of the land, which was the subject matter of acquisition vide notification dated 1.4.2010 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') followed by the declaration dated 4.4.2011 issued under Section 6 of the Act.

(2.) The grievance of the petitioners is that they have constructed small residential units on the land and have been residing therein for the last 15 years, therefore, the structures should not be acquired.

(3.) In the written statement, the stand of the respondents is that one Bartho Devi and others, were owners of the land measuring 7 kanal. Bharto Devi received the compensation in respect of the land measuring 4 kanal 13 marla. In the remaining land, there are other co-sharers, but not the petitioners. The petitioners are not the owners of the land, but are claiming to be occupants of the same. Since the petitioners are not the owners of the land, therefore, they are not entitled to any compensation. It is also pointed out that the land over which the petitioners are occupants, as per lay out plan, falls under the proposed 75 meters wide development land and 50 metres vide green belt, which cannot be considered for release. It is also mentioned that only in the land measuring 1 kanal 11 marla, the structures in the form of houses, gair gitwar exist, whereas the rest of the land is vacant. Since the petitioners are not proved to be owners of the land, the policy of rehabilitation is not applicable to the occupants, as it deals with rehabilitation of the land owners only.