STATE OF HARYANA Vs. RAGHUVIR SINGH SAINI

JUDGEMENT

(1.) By this order, RSA Nos. 2551, 2552, 2599, 2904 of 2016 and CR No. 1581, 1555 of 2016 shall stand disposed of.

(2.) The question which arises for consideration is "whether the State Government can be forced to acquire the land as per the Land Acquisition Laws and pay compensation, although the State has now taken a stand that the land owned by the plaintiff has neither been utilised nor it is in possession thereof?"

(3.) This Court is conscious of the fact that the Department of the State of Haryana had taken a stand before the courts below that they have laid road Panipat to Barsat in late 1950's and utilised the land of the plaintiff-respondent. However, in this Court, affidavit was filed by Executive Engineer, Provincial Division, PWD (B and R) Branch, Panipat that the land of the plaintiff-respondent has neither been utilised for laying down the road nor PWD Department is in possession thereof. The Senior Deputy Advocate General, Haryana, on 25/1/2019 made a statement to the same effect. However, keeping in view the fact that a contrary stand taken by the State of Haryana in the appeal which is against the case pleaded in the pleadings before the courts below, the Secretary of the concerned Department was requested to appear in person and apprise this Court about the correct position. In deference to the order passed, the Secretary of the concerned Department Shri Alok Nigam, Additional Chief Secretary, PWD (B and R), Government of Haryana, appeared before the Court on 29/1/2019 and stated that State of Haryana has not encroached upon any piece of land belonging to the plaintiff from the suit property and road is not passing through the land of the plaintiff.