- (1.) By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the notifications dated 22.2.2007 (Annexure P-3) issued under Section 4 of the Land Acquisition Act, 1894 (in short "the Act") and dated 20.2.2008 (Annexure P-5) under Section 6 of the Act qua him. Further, a writ of mandamus has been sought directing the respondents to declare the acquisition proceedings deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act").
(2.) The petitioner is owner in possession of the land measuring 3 kanal 5 marlas comprised in khewat Nos. 367/326 and 389, 17/81 share out of 15 kanal 8 marlas and had constructed a house and boundary walls as per jamabandi for the year 2004-05 (Annexure P-1). The petitioner had also constructed a hotel for his livelihood over the land in question and all the properties are joint one. Government of Haryana issued a notification dated 30.1.1989 (Annexure P-2) under Section 4 of the Act for acquisition of land for residential and commercial area in Sector 1, Dadri. The said notification was allowed to lapse as the land was not acquired. Thereafter, notification dated 22.2.2007 (Annexure P-3) under Section 4 of the Act followed by notification dated 20.2.2008 (Annexure P-5) under Section 6 of the Act was issued for acquisition of the land including the land of the petitioner for the residential and recreational purpose for development of Sectors 8 and 9, Dadri, District Bhiwani. The petitioner and others filed objections under Section 5-A of the Act on 22.3.2007 (Annexure P-4). State of Haryana framed a policy dated 30.9.2007 (Annexure P-7) regarding release of the constructed buildings. Vide notification dated 20.2.2008 (Annexure P-5), the land measuring 11.406 acres has been left out of the acquisition vide minutes of meeting dated 4.1.2008 (Annexure P-8). Besides this, the other land of Ashram and cremation ground had also been left out of the acquisition. Respondent No.3 vide order dated 5.12.2008 (Annexure P- 9) had left out the area on which the Samadhi of Late Shri Munshi Ram had been constructed. The award was passed on 18.1.2010. The petitioner is still in physical possession of the house in question. No compensation has been paid to him. According to the petitioner, the acquisition proceedings have lapsed in view of Section 24(2) of the 2013 Act. Hence, the present writ petition.
(3.) We have heard learned counsel for the petitioner.;