BUDHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of mandamus directing the respondents to release their land in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act").

(2.) THE petitioners are owners of the land, as detailed in para 3 of the writ petition, situated within the revenue estate of village Ghata, Tehsil and District Gurgaon. Government of Haryana vide notification dated 24.8.2000 (Annexure P -1) issued under Section 4 of the Land Acquisition Act, 1894 (in short "the Act") followed by notification dated 22.8.2001 (Annexure P -3) under Section 6 of the Act, acquired the land of the petitioners. The award was passed on 21.7.2003 (Annexure P -4). Petitioner No.1 filed CWP No. 14638 of 2003 for quashing the notifications issued under Sections 4 and 6 of the Act which was dismissed by this Court vide order dated 24.5.2004 (Annexure P -7). Petitioner No.1 challenged the said order before the Supreme Court by filing SLP No. 22206 of 2004 which was also dismissed vide order dated 5.11.2004 (Annexure P -8). The petitioners are still in physical possession of the land in dispute and no compensation has been paid to them. According to the petitioners, the acquisition proceedings have lapsed in view of Section 24(2) of the 2013 Act. Hence, the present writ petition.

(3.) LEARNED counsel for the petitioners submitted that the petitioners are in physical possession of the land in dispute and no compensation has been paid to them. It was claimed that in such circumstances, in view of Section 24(2) of the 2013 Act, the notifications under Sections 4 and 6 of the Act had lapsed. It was further submitted that since no demand notice claiming the relief as claimed in respect of lapse of notifications has been filed with the respondents, liberty be granted to the petitioners to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition, however, direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.