PAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant petition, the petitioners seek release of their acquired land on the ground that as on date such land cannot be utilized by the State for any public purpose.

(2.) Through notiication dtd. 13/1/2010, issued u nder Sec. 4 read with Sec. 17(1) of the Land Acquisition Act, 1894 (for short " " the 1894 Act) and notiication dated 25.01. 2010, issued under Sec. 6 of the 1894 Act, the State acquired land for development of roads in Sectors 99 to 115, Gurugram. Through award No.77 dtd. 31/3/2010, the Land Acquisition Collector, Urban Estates, Gurugram (for short the LAC) determined the payable compensation for the acquired land. The land of the petitioners in Khasra Nos.103 and 147 in village Mohmmadheri, Tehsil Kadipur, District Gurugram was included in the aforesaid notiications and the award. Poss ession of the acquired land was taken by the State through Rapat Roznamcha No.660 dtd. 31/10/2010 and the amount of compensation determined by the LAC through the award dtd. 31/3/2010 was tendered and the same was also received by the petitioners. Most of the petitioners, through iling of references and Regular First Appeals before this Court also sought enhancement in the awarded compensation. Through the instant petition, relying on the policies of the State, the petitioners have knocked the doors of this Court seeking release of their acquired land on the ground that as on date the land in question cannot be utilized by the State for any public purpose.

(3.) Learned counsel for the petitioners submitted that possession of the petitioners' acquired land is still with the petitioners and that as on date such land cannot be utilized by the state for any public purpose. Therefore, in terms of the policies of the State of Haryana dtd. 14/9/2018 and 21/7/2022 their acquired land should be released.