OM PARKASH AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner for quashing of notification dated 2.5.2001 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and notification dated 30.4.2002 issued under Section 6 of the Act and also the award dated 27.4.2004 being time barred due to non-compliance of Section 11 for making the award superstructure over the land.

(2.) BRIEFLY , the facts of the case are that the State Government issued notification under Section 4 of the Act in the year 1987 for acquisition of the plot. The petitioner filed objections under Section 5-A of the Act against the said acquisition on the basis of A Class construction over the plot, which were duly accepted by the respondents and the land was released from acquisition as a residential house was constructed over the said plot. The said acquisition was also challenged by other land owners by way of filing writ petition in this Court, which was allowed vide order dated 29.9.1992. Again after a gap of 7-8 years, a notification was issued under Section 4 of the Act under which the land owned by the petitioner was also proposed to be acquired. The petitioner could not file the objections under the impression that his land has already been released from acquisition and moreover there was no publication or circulation to this effect. The petitioner challenged the action of the respondents by way of filing a Civil Writ Petition No. 10618 of 2002, after the issuance of notification under Section 6 of the Act, which was dismissed vide order dated 15.4.2004 on the ground that objections under Section 5-A of the Act were not filed. Against the order dated 15.4.2004, an SLP filed before the Hon'ble Supreme Court was also dismissed.

(3.) WRITTEN statement has been filed on behalf of respondents No. l to 3, which is on record.