CHUNI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Chuni Lal and many others were owners of land in Kadarpur, District Gurgaon adjoining the

(2.) Notification under Section 4 of the Land Acquisition Act, 1894 was published on July 4, 2003 for acquisition of 43 acres for the establishment of the CRPF Academy at Kadarpur, including land owned by the petitioners. Objections were filed by the petitioners stating that they were small farmers, have no other means of livelihood and were dependent upon the said piece of land. It was also pleaded that 265 acres of the Panchayat of Kadarpur was earlier acquired for the Group Centre and a proposal for acquiring 61 acres of Panchayat land had also been sent. Apart from this there was large area of vacant panchayat land which was not being used for any other purpose and was most suitable for the Centre. Therefore, the acquisition of the present 43 acres, belonging to poor farmers, would drive them to starvation. Alternatively, it was pleaded that the prevailing market value was Rs. 5000/- per square yard in the developed posh residential and commercial areas and the acquired land had high potential. In some well known residential colonies land was being sold at Rs.10,000/- per square yard. Therefore, the petitioners pleaded that their land be exempted from acquisition but in case this was not possible, they should be awarded compensation at the rate of Rs.5000/- per square yard.

(3.) After the objections were filed the petitioners were summoned by the Sub Divisional Officer-cum-Land Acquisition Collector, Gurgaon (hereinafter referred to as the Collector) to appear before him on January 2, 2004. The petitioners appeared on the date fixed. According to the petitioners the Collector was not present in his office. The Collector's staff obtained signatures of the petitioners on blank sheets of paper and asked them about the substance of their objections. The petitioners reiterated their stand and stated that banjar kadim land owned by the panchayat should be acquired. They also requested the staff to inspect the spot in order appreciate that the alternate land owned by the panchayat was equally suitable.