MAHABIR PRASAD Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order will dispose of thirteen writ petitions bearing CWP Nos. 19997 of 2009, 1290, 1448, 1449, 1482, 2078, 2079, 2080, 2082, 2083, 3725, 6091 of 2010, 18858 of 2014, as common questions of law and facts are involved therein. CWP No. 1482 of 2010

(2.) Challenge has been made to the acquisition of land owned by the petitioner. Notification bearing no. LAC(G) NTLA-2007/1373, under section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on 23.2.2007, for acquisition of land situated in the revenue estates of village Mahendergarh, Hadbast No. 87, Village Khayra, Hadbast No. 89, village Payga Hadbast No. 88, Tehsil and District Mahendergarh, for public purpose, namely, for the development and utilization thereof for the residential, commercial, institutional, sector roads and green belt Sector-10, Mahendergarh. It was followed by notification bearing no. LAC(G)NTLA- 2008/1450 issued under Section 6 of the Act on 20.2.2008. The award was announced by the Land Acquisition Collector on 19.2.2010.

(3.) Learned counsel for the petitioner submitted that the petitioner was owner in possession of land in the revenue estate of village Payga, Tehsil and District Mahendergarh. The land was sought to be acquired for which notification under Section 4 of the Act was issued on 23.2.2007. For part of the land on which there was no construction, no award was passed by the State, as the petitioner in collaboration with respondent no. 6-M/s Baderwal Infrastructure Projects Private Limited applied for license to develop the same as a colony and the same was granted. The present writ petition pertains to small portion of land measuring 1 kanal, on which the petitioner had raised construction of his house. As per the policy of the Government, constructed portion, which was existing prior to the issuance of notification under Section 4 of the Act, are to be acquired as this is the only house with the petitioner to live in. The acquisition deserves to be quashed.