DUSHYANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed praying for quashing of notification dated 19.01.2012 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and notification under Section 6 of the Act, dated 17.01.2013 in respect of the land of the petitioner comprised in Khasra No. 3356/177/2 (0 -14), 5171/262/1 (1 -6), 254/1 (1 -6), 254/2 (0 -5) situated in Tehsil Bahadurgarh District Jhajjar. A further prayer has also been made to quash order (P -10) whereby the claim of the petitioner for release of his land has been declined.

(2.) THE petitioner states that he is the owner of the land subject matter of the acquisition. The said land was earlier sought to be acquired but was released vide letter No. 254 dated 12.05.1997 which release was confirmed vide letter dated 03.02.2011. He stated that pursuant to the said release, he had requested the Administrator, HUDA to grant an NOC to him pursuant to an agreement between him and the said authority. He had also deposited an amount of Rs. 35,90,165 on account of EDC to the Estate Officer, Bahadurgarh through a demand draft dated 25.03.2011. Subsequently, the petitioner sold this land by way of registered sale deed to the others, who raised construction thereon.

(3.) ON 19.01.2012, a notification under Section 4 of the Act was published in respect of land measuring 2.21 acres comprising in Khasra Nos. 3356/117/2(0 -14), 5171/262/1(1 -6), 254/1 (1 -6) and 254/2(0 -5). The petitioner and the other owners of land filed objections before the Land Acquisition Officer, Urban Development Department, Rohtak, in which they stated that the land had earlier been proposed to be acquired but was released. They had developed the aforesaid land in accordance with law and they had applied to the Municipal Corporation for the construction of the land and the map for the same was approved by the Municipal Corporation. It is stated that the Land Acquisition Collector prepared his report under Section 5 -A of the Act, wherein, construction on the land of the petitioner had come on record. The Joint Site Inspection Committee (JSIC) had also recorded the fact of the construction on the land, but without any decision on the recommendation of the JSIC, the notification under Section 6 of the Act was issued on 17.01.2013.