JAI PARKASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of mandamus directing the official respondents to declare that the benefit of award No.13 dated 8.11.2014 announced in respect of land comprised in Rectangle No.15, Killa No.11 situated at Village Kalaka, Rewari be given to the petitioner alone vide which land measuring about 1 kanal 13 marlas owned and possessed by him was de-notified from acquisition upon which the petitioner had raised his residential house and that respondent Nos. 7 to 9 have no concern with the same.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner alongwith respondent Nos. 7 to 9 is co-owner/co-sharer to the extent of 1/3rd share in equal share in land measuring 20 kanals 8 marlas comprised in Rect. No.15, Killa No.11 (8-0), 12(8-0), 13/1 (4-8) i.e. to the extent of about 1 kanal 13 marlas situated in the revenue estate of Village Kalaka, Tehsil and District Rewari as per jamabandi for the year 2005-06. On the above said land comprised in Rect. No.15, Killa No.11, the petitioner has constructed his residential house comprising of two rooms, kitchen, toilet and boundary wall much prior to the issuance of the notification under section 4 of the Land Acquisition Act, 1894 (in short, "the Act"). The same is in exclusive possession of the petitioner since long. The State of Haryana issued notification dated 1.7.2011, Annexure P.5 under Section 4 of the Act for acquiring land situated in the revenue estate of Villages Konsiwas, Jhanjhanwas, Piwara, Kalaka, Mandhaiya Kalan, Tehsil and District Rewari for alleged public purpose namely for the development and utilization of land of Sector 20 part and Sector 21 residential Rewari including the land of the petitioner. Thereafter, the State Government issued notification dated 26.6.2012 under Section 6 of the Act. The petitioner filed an application for conducting re-survey i.e. to report with regard to the existence of the super structure if any on the land in dispute. The District Town Planner, Rewari in his report dated 2.1.2013, Annexure P.7 opined that the the petitioner was owner of land comprised in Rect.No.15, Killa No.11, Village Kalaka, Rewari and the same was at present being used for residential purpose. The District Town Planner, Rewari recommended to proceed as per the policy.

(3.) We have heard learned counsel for the petitioner.