RATTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing the notifications dated 10.1.2011 and 8.4.2011 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the Act") and the award dated 8.1.2013, Annexures P.2, 4 and 6 respectively. Further prayer has been made for a direction to the respondents not to dispossess the petitioners form their land.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioners were the co -owners of the land measuring 6 kanals comprising Rectangle No.86, Killa No.20/2 situated in Village Dharuhera, Tehsil and District Rewari. Respondent No.2 issued notification under section 4 of the Act on 10.1.2011, Annexure P.2 proposing to acquire the land of the petitioners for a public purpose for construction of Boosting Station of No.1 in Dharuhera, Tehsil and District Rewari. According to the petitioners, the notification was to be published in the Village through Revenue Patwari within a reasonable time on 10.1.2011 but the respondents did not follow the mandatory provisions of Section 4(1) of the Act. The petitioners were required to be afforded a period of 30 days for raising objections under Section 5A of the Act. The respondents instead issued notification under section 6 of the Act on 8.4.2011. Thereafter, award under section 11 of the Act was passed on 8.1.2013 and in pursuance thereto, the mutation was sanctioned in favour of respondent No.3 on 24.12.2014. Hence the instant writ petition by the petitioners.

(3.) In the written statement filed by the respondents, it has been inter alia stated that in order to ensure adequate supply of drinking water to the residents of Dharuhera Town and nearby areas, the respondents proposed to acquire the land for construction of boosting station for the benefit and in the interest of public at large. It has been further stated that the acquisition proceedings have already been completed after following due procedure, compensation has been deposited with the Land Acquisition officer and possession has also been taken. On these premises, prayer for dismissal of the writ petition has been made.