ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners pray for the issuance of a writ in the nature of certiorari, quashing the notifications, issued under Sections 4 and 6 of the Land Acquisition Act, 1894, (for short herein after referred to as "the Act"), dated 13.8.2001 and 9.8.2002 respectively, as also the notice, issued under Section 9 of the Act.

(2.) COUNSEL for the petitioner submits that the petitioners are owners in possession of land, measuring 2 bighas 19 biswas, comprised in Khasra Nos. 108/1, 109, 110/1, 111/1, situated in village Chakkarpur, Tehsil and District Gurgaon. Khasra Nos. 108, 110 and 111 were sought to be acquired, vide notification, issued under Section 4 of the Act, dated 25.2.1983. Khasra No. 109 was sought to be acquired, pursuant to a notification, issued under Section 4 of the Act, dated 5.10.1984. However, these lands were released from acquisition.

(3.) THE petitioners filed objections, under Section 5A of the Act on 11.9.2001, which were rejected summarily. The petitioners also preferred a representation to the government for release of their land. The Senior Town Planner, Gurgaon, vide communication, dated 4.1.2002, recommended release of the petitioners' land, as the construction adjoined the village abadi, and it was possible to adjust it in the lay out plan. The Land Acquisition Officer also submitted a report to the Director, Urban Estates Department, Haryana, dated 28.11.2001, setting out therein that the construction raised, prior to the issuance of the notification, under Section 4 of the Act, consists of a number of shops and houses. The Administrator, HUDA, Gurgaon, after considering the aforementioned reports, addressed a letter to the Director, Urban Estate, Haryana, dated 11.6.2002, that in case the petitioners' land is released, the land, falling behind the petitioners' land, would be denied any approach. The Administrator, therefore, recommended that in case a decision was taken to release the petitioners' land, a proper approach be provided to the land, falling behind the petitioners' land. However, without considering these reports, the State of Haryana issued a notification, under Section 6 of the Act, dated 9.8.2002, followed by a notice, under Section 9 of the Act, dated 14.3.2003.