MIRDULA JOSHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant petition is directed against the notification bearing No. LAC(P)-NTLA-99/1181, dated 16.3.1999, issued under Section 4 and declaration bearing No. LAC(P)-NTLA-2000/1593, dated 15.3.2000 made under Section 6 (Annexures P-3 & P-5) of the Land Acquisition Act, 1894 (for brevity, 'the Act'). The public purpose of acquisition is the development and utilisation of land for residential, commercial, institutional and recreational purposes in Sector 1, 2, 3, 5B, 5C and 6, Panchkula Extension (Mansa Devi Complex) under the Haryana Urban Development Authority Act, 1977 by the Haryana Urban Development Authority, in the area falling in the revenue estates of village Saketri (Hadbast No. 376) and Bhainsa Tibba (Hadbast No. 377), Tehsil and District Panchkula.

(2.) BRIEF facts of the case are that the petitioner was owner of land measuring 3 Kanals 0 Marlas, situated in Khewat/Khatoni No. 244/370, Khasra No. 69//32/3, as per jamabandi for the year 1985-86 and mutation bearing No. 1381 was entered in her favour. The land continued to be in her name in the revenue record as is evident from jamabandi for the year 2000-2001 (P-1). There was a garden on the land in question and it has been recorded as 'bagh barani' in the revenue record (P-2).

(3.) ON 15.7.2008, when the matter came up for consideration, learned counsel for the petitioner raised the issue of discrimination by release of land of Shri R.S. Malik vide order dated 3.3.2008 (P-8) after announcement of award. On his oral request, the Division Bench permitted impleadment of Shri R.S. Malik as respondent No. 5, who has since been served and represented by counsel. Notice was also issued to the respondent State to show cause as to why order dated 3.3.2008 be not set aside.