KEHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of appeals bearing RFA Nos. 2591, 2786, 2787, 3018, 3019, 3020, 3207, 3208 of 1999, 1220 of 2002, and 3233 to 3238 of 2006, as common question of facts and law are involved therein.

(2.) The landowners are in appeal against the award of the learned Reference Court dated 12.5.1999 vide which the applications filed by them claiming compensation under Section 48(2) of the Land Acquisition Act, 1894 (for short, 'the Act'), on account of damages suffered by them for withdrawal of notification for acquisition, were dismissed.

(3.) Learned counsel for the appellants submitted that initially the notification under Section 4 of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, was issued on 22.1.1969. Due to this reason, the landowners could not cultivate their land properly. They could not alienate the property and have suffered damages on account of various notifications issued by the Government. Finally, notification under Section 4 of the Act was issued on 3.11.1980 and Land Acquisition Collector announced the award on 2.7.1982. The earlier notifications were withdrawn by the State without issuance of any notice or munadi. As on account of the earlier successive notifications, the appellants could not make proper use of the land dealt with therein, they need to be compensated under Section 48(2) of the Act.