ASHWANI KUMAR YADAV Vs. SATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are seeking quashing of notification dated 2.6.2004 issued under Section 4 of the Land Acquisition Act, 1894 and declaration dated 31.5.2005 made under Section 6 of the said Act, whereby the land of the petitioners measuring 873.33 sq. yds. bearing khasra No. 25/24 (1, 2, 3, 4, 5 and 15) situated in Palam Vihar was acquired by the respondents.

(2.) VIDE notification issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), the Act, 1963. Accordingly, on 23.4.1998, the petitioners made application to the Director, Town and Country Planning, Haryana, along with which they attached the location plan, site plan of the nearby area and also the site plan of the house. They also furnished the requisite fee of Rs. 5,500/- by way of draft. Inspite of the best effort made by the petitioners to remind the Director, Town and Country Planning to accord permission to them to change the use of land as they had already constructed 'A' Class house in two portions, which was surrounded by residential houses constructed by M/s Ansal Properties and Infrastructure Limited, the petitioners did not receive any reply and their case remained lying with the department. Even on 25.5.2005, a letter was addressed by the petitioners to the District Town Planner, Gurgaon but no reply was received in response to the same. According to the petitioners, they had already developed the piece of land measuring 873.33 sq. yards by undertaking 'A' Class construction and raising a beautiful house in two portions with a lawn in between but in the meantime, the Haryana Government issued the notification under Section 4 of the Act so as to acquire the land mentioned above, including that of the petitioners. The petitioners thereafter, sent an application dated 26.6.2004 to the Land Acquisition Collector by way of objections under Section 5A of the Act and sought the release of land owned by them. Inspite of the same, declaration under Section 6 was made on 31.5.2005 in respect of the land of the petitioners also. The petitioners thereafter made representation to the Chief Minister of Haryana with a prayer that their house having 'A' Class construction be adjusted or be released from acquisition but no action was taken on the same. Claiming that they had already developed land by undertaking 'A' Class construction and that their land was surrounded by other houses which were not matter of acquisition, the petitioners prayed for quashing the notification under Section 4 and declaration under Section 6 of the Act.

(3.) THE petitioners filed replication to the aforementioned written statement and, later on, also filed an amended replication. Even at the time of final hearing of the writ petition, the petitioners filed C.M. No. 389 of 2007 with a prayer for placing on record more documents as Annexures P.30 to P.50 so as to show that they were residing in the house constructed by them in the land under acquisition.