GULAB SINGH AND OTHERS Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-11-352
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 19,2012

Gulab Singh And Others Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The land measuring 166 kanals 6 marlas situated in the revenue estate of Village Ram Rai was acquired by the Government on 14.3.1926 for construction of a canal/minor without paying any compensation. The predecessor-in-interest of the petitioners and other proprietors of the Village are the original owners of the abovesaid land. By referring to jamabandi for the year 1994-95, it is urged that the total land in question is liable to be restored to the original owners or their successor-in-interest free of costs.
(2.) The Executive Engineer, Jind, vide his communication dated 3.5.1973 informed that certain land, which was acquired by the Department for irrigation purposes, has now become surplus and it is not required by the Department. State Government accorded sanction for declaring the total land measuring 409 acres as acquired by Irrigation Department as surplus and ordered its disposal under Para 87 of the Standing Order (Annexure P-3).
(3.) The Deputy Commissioner, Jind, sought information of the surplus land from the field office. It is alleged that the Field Officers misguided the Deputy Commissioner and informed that the original owners can not be traced out at this stage as the land was acquired long ago. When the respondents did not take any action to restore the land, the petitioners and other similarly situated persons filed a civil suit on 8.6.1996 for getting possession of the land without payment of any compensation to the State of Haryana. Respondent No.3 filed a reply to the said civil suit. The respondents then issued auction notice in the newspaper 'Dainik Jagran Jind Section' on 29.6.2001, proposing to auction the land in dispute.;


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