ANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners pray for quashing the notifications dated 7.2.2008 and 6.2.2009 issued under sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the Act"), Annexures P.4 and P.5 respectively. whereby land situated in the revenue estate of Faridpur, Tehsil and District Faridabad owned and possessed by the petitioners has been intended to be acquired for development and utilisation as residential and commercial Sectors 76, 77 and 78, Faridabad.

(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. Case of the petitioners is that they are owners in possession of land measuring 27 kanals 15 marlas situated in the revenue estate of Faridpur, Tehsil and district Faridabad. The petitioners have constructed residential house consisting of 10 room, kitchen, bathroom, toilet and small shed and a tin shed along with a handpump. The present petition is being filed only in respect of land measuring 3 kanals. The petitioners seek release of only the land under the residential house which abuts the road. The petitioners are residing with their families since before the year 2003. The State of Haryana issued notification under section 4 of the Act on 7.2.2008, Annexure P.4 intending to acquire land including the land of the petitioners for development and utilisation as residential and commercial Sectors 76, 77 and 78 Faridabad. According to the petitioners, the respondents had not published the notification in two daily newspapers having circulation in the locality. As notification did not come to the notice of the petitioners, no objections under section 5A of the Act could be filed by them. Notification under section 6 of the Act was issued on 6.2.2009, Annexure P.5. However, while issuing notification under section 6 of the Act, major land had been released from acquisition but land of the petitioners had been acquired. The petitioners came to know about acquisition proceedings in the last week of Jan. 2011 and they submitted objections. They submitted that they had their residential houses constructed on the land in dispute. Having received no response, they filed the instant writ petition.

(3.) A written statement has been filed on behalf of respondent No.2, it has been inter alia stated that notification under section 4 of the Act pertaining to land measuring 544.24 acres including the area of Village Faridpur, Tehsil and District Faridabad for the purpose namely residential and commercial Sectors 76, 77, 78 Faridabad was published in the official Gazette on 7.2.2008 and the same was got published in two daily leading newspapers in two languages i.e. Indian Express (English) dated 19.2.2008 and Amar Ujala (Hindi) dated 16.2.2008. Similarly, due publication was given to the notification under section 6 of the Act. In the affidavit filed by Land Acquisition Collector, Urban Estate, Faridabad dated 13.1.2016, it was stated that land measuring 5.749 acres had been left out of acquisition by the government. Declaration under section 6 of the Act for the remaining land measuring 67.891 acres of Village Faridpur was issued in the official Gazette on 20.2.2009.