HAR KISHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS seek issuance of a writ in the nature of certiorari quashing notification under section 4 of the Land Acquisition Act (for short 'the Act') dated 30.1.1989, Annexure P-2, and notification under section 6 of the Act dated 25.1.1990, Annexure P-4, with a further direction to the respondents Nos. 1 and 2 to release the land of the petitioners from acquisition or for issuance of any other writ, order or direction as Court may deem proper in the facts and circumstances of the case. By way of interim relief, it was prayed that the petitioners be not dispossessed from the land during the pendency of the writ petition.

(2.) IT is the case of the petitioners that they are owners of land comprised in Killa Nos. 20 and 21 Rectangle No. 52 in the revenue estate of village Sukhrali. Upon a portion of this land, there is a pucca house in which the petitioners are living with their families. Besides it, there exist samadhis of fore-fathers of the petitioners and also a temple where Hindu deities are installed and the petitioners worship there. It was further stated in the petition that earlier to the present notification which are being impugned, respondents Nos. 1 and 2 acquired land measuring 322.40 acres of land in village Sukhrali vide notifications issued under sections 4 and 6 of the Land Acquisition Act, 1894, dated 27th August, 1987 and 22nd August, 1988 respectively. In the earlier acquisition, few Khasra Nos. of Rectangle No. 52 were acquired. Feeling aggrieved by the acquisition of the land, the petitioners challenged the same by way of Civil Writ Petition No. 8692 of 1988 titled as Harikishan Singh and others v. State of Haryana claiming release of path leading to the house of the petitioners which writ petition was admitted and pending adjudication. It is during the pendency of the earlier acquisition that the present notification has been issued even acquiring the land which was earlier left vide notifications of the year 1987 and 1988. Objections filed by the petitioners under section 5-A of the Act too have been dismissed for no valid reason thus compelling the petitioners to approach the Court for an appropriate relief.

(3.) RESPONDENT No. 3 in its written statement too has raised preliminary objection with regard to the maintainability of the writ petition. On merit, it has been stated that as per copy of jamabandi for the year 1985-86, land comprised in Rectangle No. 52, Khasra Nos. 20 and 21 in all measuring 10 Kanals 16 Marlas is shown to be 'chahi' category of land. No construction whatsoever is reflected in the jamabandi for the year 1985-86 and it is only in Kharif 1986 that four boundary walls, houses and Samadhi have been shown. This itself reflects that the construction raised is quite near to the date of acquisition vide earlier notification of the year 1987. Other averments made in the petition have been replied/controverted.