SUDHEER Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner raised a claim for the release of his land measuring 1 bigha 14 biswa which was acquired by the State of Haryana vide notifications dated 02.01.2002 and 24.12.2002 issued under Sections 4 & 6 of the Land Acquisition Act, 1894, respectively, for the purpose of its utilization as residential and commercial Sectors-9, Part-32 and Part-33, Karnal. The said claim has been rejected vide impugned order dated 09.08.2016 (P-11) on the ground that the above-stated land was shamlat deh which vests in the Gram Panchayat under Section 4 of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana and as such the petitioner has no locus-standi to seek benefit of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013. The other ground assigned in the impugned order is that a substantial part of compensation amount has been paid to the land-owners/claimants and possession of the land had also been taken by HUDA where plots have been carved out and residential sectors have been developed.

(2.) The aggrieved petitioner is before this Court.

(3.) We have heard learned counsel for the petitioner and gone through the record.