MULKH RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have impugned the Notification under Section 4 read with Section 17(2)(c) of the Land Acquisition Act (hereinafter referred to as 'the Act') and Notification under Section 6 of the Act, dated 28th May, 1985 and 13 June, 1985, respectively, copies of which are Annexures P-1 and P-2 to the writ petition, with a further prayer that the respondents to directed to release their land from acquisition which was acquired by Union of India.

(2.) The case of the petitioners, as set up in the writ petition, is that they were the owners of land measuring 4 Bighas comprising of Khasra Nos. 60 and 61 situated in village Bhogpur, which they had purchased through registered sale-deed from its original owner. After the issuance of the notification under Section 6 of the Act, the possession of this land was taken by the respondents. No award was pronounced though a period of more than 1- 1/2 years had elapsed. It was contended by the learned counsel for the petitioners that the Emergency provisions were invoked in order to deprive the petitioners of their property without any compensation as envisaged under section 23 of the Act.

(3.) The writ petition was admitted and during the pendency of the same, respondents Nos. 1 and 2 have filed their written statement.