- (1.) The petitioner purchased five biswas (250 square yards) of land falling in Khasra No. 18/1 (min) situated in Patti Taraf Insar, Panipat (within municipal limits) as per jamabandi for the year 1988-89. It is apparent from the sale deed dated 19.2.2007 that "C" Class construction was in existence in the said site. This fact has also been affirmed by counsel for the respondents at the time of hearing. It is coming out from the record that total land falling in Khasra No. 18/1 was to the extent of 1 Bigha 19 Biswas. As per record, the above said land and surrounding land was put under acquisition by the respondent-HUDA vide notification dated 2.3.1993 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). Thereafter, notification under Section 6 of the Act was issued on 1.3.1994. An award was passed on 28.2.1996 (Annexure P1).
(2.) When the land was put under acquisition, Krishan Puri alias Krishan Lal was the owner of the land falling in Khasra No. 18/1. After acquisition, HUDA Authorities used the land so acquired for development of a residential Sector 18, Panipat. The roads and plots were carved out in the said land.
(3.) It is an admitted fact that for the land falling in Khasra No. 18/1, award was passed only to the extent of land measuring 1 bigha and 8 biswas. No award was passed so far as 11 biswas of land is concerned. Krishan Puri alias Krishan Lal, the original owner, took up the matter with the HUDA Authorities, to get possession of 11 biswas of land, which was not acquired. In response thereto, he received a letter dated 29.9.1999, relevant contents thereof read thus:- "From Land Acquisition Officer, Urban Estate, Haryana, Panchkula. To Shri Krishan Puri alias Krishan Lal, Chela Mangal Puri, Chela Narain Puri, R/o House No. 51, Green Park, Panipat. Through A.K. Khurana, Advocate, Panipat. Sr. No. Dated: Sub: Award No. 6 dated 28.02.1996, Urban Estate, Sector-18, Panipat. In reference to your letter dated 22.09.1999 on the subject cited above. You are hereby informed that vide award No. 6 dated 26.02.1996 land measuring 1 Bigha 8 Biswas from Khasra No. 18/1 village Taraf Insar, Panipat as per Jamabandi for the year 1988-89 was acquired for Urban Estate, Sector-18, Panipat. But according to Farad Badar No. 9 date of decision dated 30.04.1996 the total area of aforesaid Khasra No. 18/1 is 1 Bigha 19 Biswas. Therefore, land measuring 11 Biswas was not acquired as Fard Badar No. 9 was sanctioned after the award on 30.04.1996, which was not incorporated in the record of acquisition. Sd/- Land Acquisition Officer, Urban Estate, Haryana Panchkula. Endst. No. 4448 Dated: 29.9.99" ;