NEERAJ KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The challenge in the present writ petition is to the notifications dated 17.04.1989 and 16.04.1990 published under Section 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act') as well as Award dated 12.06.1990 along with all consequential proceedings for the reason that purpose of acquisition has not been achieved and for directing the respondents to revert the land to the land-owners after getting the compensation deposited.

(2.) The land of the petitioner was subject matter of notifications published under Section 4 and 6 of the Act and the award stands announced. The petitioner has raised a reference for claiming enhanced compensation as well. The petitioner and his brothers filed a writ petition bearing CWP No.5751 of 2012 titled Neeraj Kumar and others v. State of Haryana and others, for claiming of allotment of plots under the oustees quota. The said writ petition was decided on 26.04.2012.

(3.) In the written statement filed, the respondent No.6 has raised a plea that the writ petition suffers from delay and laches of almost 24 years. The process of award of lease was carried out as far as back in the year 2009 and lease agreement executed in the year 2011 pursuant to the tender process. It is also pointed out that the acquired land vests with the Government free from all encumbrances and even if the land is not used for the purpose for which it was acquired, the land-owner does not have any right of possession. Reference was made to judgments of Hon'ble Supreme Court Northern Indian Glass Industries v. Jaswant Singh and others, 2003 1 SCC 335 ; Chandragauda Ramgonda Patil and another v. State of Maharashtra and others, 1996 6 SCC 405 ; C. Padma and others v. Deputy Secretary to Government of Tamil Nadu and others, 1997 2 SCC 627 and Government of Andhra Pradesh and another v. Syed Akbar, 2005 1 SCC 558 .