Surya Kant, J. - (1.) THIS writ petition is the petitioner's second attempt within a span of less than two months to retain and re -possess a piece of land measuring 202 square yards situated within the revenue estate of village Sarhaul, District Gurgaon.
(2.) THE petitioner is said to have purchased the above mentioned plot vide registered sale deed dated 2nd July, 1990. The piece of land is surrounded by the residential locality known as DLF, Phase II, at Gurgaon. The State of Haryana included the above mentioned piece of land in the notification issued under Section 4 of the Land Acquisition Act, 1894 dated 26th August, 2003 whereby more than 50 acres land of various villages was proposed to be acquired for the 'public purpose' of development of "residential, commercial, institutional, green belt Sector 24 -25 -25A at Gurgaon". The petitioner filed objections pointing out that his plot was surrounded by the DLF -II on all four sides and its acquisition would serve no public purpose. His objections did not find favour and consequently the land was included in Section 6 notification published on 10th August, 2004. The Award was passed on 04th August, 2006.
(3.) THE petitioner -"Raj Singh Phogat" approached this Court through CWP No. 5088 of 2014 seeking quashing of the above mentioned acquisition with a specific plea that "the physical possession of the above said land has not been taken till today and the compensation has not been paid". It was, thus, claimed that in view of Section 24[2] of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, the acquisition is deemed to have lapsed.;