KARAM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioners have filed this writ petition praying for a direction to the respondents to pay compensation, under the Land Acquisition Act, as determined by the Land Acquisition Collector by his award bearing No. 8/2000 in case No. B/15/95 for acquiring land comprised in Khasra No. 88/1, 99/1 and 100/1 measuring 1 -5, 0 -3, 0 -2 bighas in all 1 -10 bighas. The events leading to the passing of the award by the Land Acquisition Collector on 21.6.2000 are not disputed. The subsequent events which are relied upon by both the parties to urge (a) either the compensation amount is payable; (b) or as urged by the State, no amount is payable.

(2.) THE second prayer is for quashing Annexure P -3, which is a notification dated 14.2.2008 issued by the State purporting to exercise its powers under Section 48 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) withdrawing from the possession of land comprised in Khasra No. 86/1, measuring 1 -5 bighas.

(3.) IN reply, the State avers that possession of land was not taken and it was open to the State to withdraw from the acquisition proceedings. It is submitted that this land is at a distance of 160 meters from the road and possession thereof was not taken by the State and in these circumstances, no relief can be granted to the petitioners.