HARI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition is directed against the notifications dated 5.3.1990 and 28.2.1991 issued under Section 4 and 6 of the Land Acquisition Act, 1894 (for brevity 'the Act') (Annexures P-4 and P-5 respectively). Even the award dated 22.2.1993 (Annexure P-6) has also been challenged.

(2.) THE principal ground of challenge in this petition, filed after fourteen years of the award, is that the possession of the land has not been taken, which is sought to be shown from the revenue record known as Khasra Girdawari (Annexure P-7) of the years 2001 to 2006. The petitioner has also taken the plea that in terms of Section 31 of the Act, the compensation has not been deposited with the Land Acquisition Collector and that some land has been released on 25.6.2004 (Annexure P-8) by respondent No. 2 in favour of certain persons.

(3.) TO support the aforesaid stand an additional affidavit dated 2.11.2007 by the Land Acquisition Collector, Panchkula has been filed bringing on file the revenue record for the years 1990-91 (Annexure R-I), 1995-96 (Annexure R-II) and 2000-01 (Annexure RIII), mutation No. 7686 (Annexure R-IV) and 7687 (Annexure R-V). The Estate Officer, Huda, Kaithal has also filed his reply taking a stand that all the proceedings have been taken in accordance with the provisions of the Act.