CHANDERLEKHA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the notifications dated 26.9.2007 (Annexure P-3) under Sec. 4 of the Land Acquisition Act, 1894 (in short "the Act"), dated 25.9.2008 (Annexure P-4) under Sec. 6 of the Act, the award dated 24.9.2010 (Annexure P-5) and the entire acquisition proceedings qua her residential plot measuring 500 square yards and to release the same in view of Sec. 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 petitioner is owner in possession of the plot measuring 500 square yards (0-15) situated within the revenue estate of village Islam Nagar, Tehsil Kalka, District Panchkula. The father of the petitioner, namely, Shri Radhey Nath had purchased the said plot vide registered sale deed dated 29.10.1982. Shri Radhey Nath had executed a Will dated 29.1.1998 in favour of the petitioner. After the death of Shri Radhey Nath, the petitioner had become owner of the plot in question which is discernible from the jamabandi for the year 2014-15 (Annexure P-1) and the mutation (Annexure P-2). Government of Haryana issued a notification dated 26.9.2007 (Annexure P-3) under Sec. 4 of the Act followed by notification dated 25.9.2008 (Annexure P-4) for acquisition of the land including the plot of the petitioner for the development and utilisation of land for residential area for Sector 2, Part 3, 4 and 5, Pinjore. The award was passed on 24.9.2010 (Annexure P-5). The petitioner is still in physical possession of the plot in question as per photographs, Annexure P-6. No compensation has been paid to her. According to the petitioner, the acquisition proceedings have lapsed in view of Sec. 24(2) of the 2013 Act. Hence, the present writ petition.

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