JUDGEMENT
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(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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