JUDGEMENT
Surya Kant, J. -
(1.) THE petitioner has, through this writ petition filed on 09th March, 2014, laid challenge to an order dated 07th March, 2008 [Annexure P -7] whereby the Land Acquisition Collector, Urban Estates, Faridabad has declined to recall his previous order dated 01st January, 1996.
(2.) THE facts may be noticed briefly. Smt. Birwati was owner of the land measuring 5 kanals 4 marlas as per her share in the total land measuring 123 kanals 16 marlas situated in the revenue estate of village Mewla Maharajpur, Tehsil & District Faridabad. The above stated land was proposed to be acquired by the State of Haryana vide notification dated 2nd August, 1989, followed by Section 6 notification and the Award dated 07th October, 1991. Meanwhile, Smt. Birwati died on 24th April, 1991 and the petitioner inherited her share she being the legal heir. The petitioner on coming to know of the award, filed a reference under Section 18 on 27th November, 1991 for re -determination of the compensation by the Civil Court.
(3.) THE reference was put up before the Land Acquisition Collector on 6th October, 1994 by the revenue officials along with a report that the petitioner was not the owner of the land as claimed in the reference. The Land Acquisition Collector vide Memo No. 3108 dated 11th October, 1994, sent through the registered post, therefore, asked the petitioner to send the proof of ownership. The petitioner did not respond to that letter. Thereafter, another letter was sent by the registered post dated 08th February, 1995, a copy of which was endorsed to the petitioner's Advocate also. None of them sent any reply to the said letter also. The Land Acquisition Collector thereafter passed an order on 01st January, 1996 whereby the reference under Section 18 was "filed" for want of proof of ownership. This letter was also sent to the petitioner vide Memo dated 09th January, 1996.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.