JAGPAL RATHEE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of a bunch of 5 petitions bearing CWP Nos. 3755, 4978, 5686, 9077 and 26747 of 2014 as according to the learned counsel for the parties, similar issues are involved therein and arise from the one and the same notification. For brevity, the facts are being extracted from CWP No. 3755 of 2014.

(2.) 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 certiorari for quashing the notifications dated 23.1.2001 (Annexure P -2), declaration dated 22.1.2002 (Annexure P -3) issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short "the Act") and subsequent proceedings of award dated 20.1.2004 qua 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").

(3.) THE petitioners are owners in possession of the land situated within the revenue estate of village Sankhol, Tehsil Bahadurgarh, District Jhajjar, as detailed in para 2 of the writ petition. Government of Haryana vide notification dated 23.1.2001 (Annexure P - 2) issued under Section 4 of the Act intended to acquire 253 acres 4 kanal 2 marlas of land including the land of the petitioners for the development of industrial area in village Sankhol, Tehsil Bahadurgarh, District Jhajjar. The respondents after considering the recommendations of the Land Acquisition Collector, Jhajjar made under Section 5 -A of the Act and the comments of the Haryana State Industrial and Infrastructure Development Corporation issued notification dated 22.1.2002 (Annexure P -3) under Section 6 of the Act for acquisition of land measuring 157 acres 7 kanal 19 marlas of village Sankhol, Tehsil Bahadurgarh, District Jhajjar. The award was passed on 20.1.2004 for land measuring 154 acres 3 kanal 1 marla. After vacation of stay on acquisition proceedings by the Additional District Judge, Jhajjar, the State Government issued second notification dated 24.1.2003 under Section 6 of the Act for acquisition of land measuring 43 acres 1 kanal 3 marlas of village Sankhol, Tehsil Bahadurgarh, District Jhajjar. The land surrounded and adjacent to the land of the petitioners was released by respondent No.2 and the land of various landowners was allotted to private company. The petitioners moved representations, Annexures P -11 and P -12, respectively for the release of their land from acquisition in view of Section 24(2) of the 2013 Act, but no action has been taken till date.