- (1.) The petitioners pray for quashing the order dated 26.6.2014, Annexure P.6 passed by respondent No.2 rejecting their claim for release of their land. Further prayer has been made for quashing the notifications issued under sections 4 and 6 of the Land Acquisition Act, 1894 (in short, "the Act") dated 23.2.2007 and 20.3.2008, Annexures P.1 and P.3 respectively.
(2.) A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioners were owners in possession of land measuring 1 kanal 18 marlas situated within the revenue limits at Village Khaira, Tehsil and District Mahendergarh. The petitioners are three brothers having equal share in the land and have constructed their respective houses and shops thereon. They have also installed electricity connection. On 23.2.2007, respondent No.1 issued notification under Section 4 of the Act proposing to acquire land of Villages Khaira, Paiga and Mahendergarh Town including the land of the petitioners for a public purpose namely for the development of residential and commercial Sector 10, Mahendergarh for the Haryana Urban Development Authority, respondent No.3. The petitioners filed objections under section 5A of the Act stating that they had no other land/plot for their residential/commercial purpose and further their land was situated in thickly populated area and was fully developed. The Land acquisition Collector after inspecting the spot released Khasra No.31//7 but the land of the petitioners was not released. Notification under Section 6 of the Act was issued on 20.3.2008. According to the petitioners, there is policy of the State that constructed area prior to the issuance of notification under Section 4 of the Act shall not be acquired. The petitioners filed representation dated 11.3.2013 for releasing the land/constructed area owned by them. Having received no response, the petitioners filed CWP No.26923 of 2013 which was disposed of vide order dated 9.12.2013 with a direction to the respondents to consider the case of the petitioners for release of structures which were found in existence at the time of issuance of notification under section 4 of the Act. Vide order dated 26.6.2014, the case of the petitioners was rejected on the ground that their land was vacant at the time of issuance of notification under section 4 of the Act and that the petitioners had raised construction in the form of six rooms and six shops after the issuance of notification under section 4 of the Act. Moreover, the entire land was falling on the road widening and its 45 meter wide green belt. Thus, the case of the petitioners was not held to be covered under the policy dated 26.10.2007. The petitioners also prayed for release of their land in view of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, "the 2013 Act") as they are still in physical possession of the land and that the award is more than five years old. Hence the instant writ petition.
(3.) A written statement on behalf of the Land Acquisition Collector, Urban Estate, Gurgaon has been filed wherein it has been inter alia stated that the award was announced on 19.2.2010 and possession of the acquired land was handed over to the representative of HUDA on the same day. The compensation was also taken by the petitioners. The objections submitted by the petitioners were duly considered by the Land Acquisition Collector who sent his recommendation report to the competent authority and after considering the said report, the land bearing Khasra No.31//7 had been released being constructed area. The award was passed on 19.2.2010 and thus five years were not completed as alleged by the petitioners. The possession was handed over to the HUDA. Consequently, the claim of the petitioners under section 24(2) of the 2013 Act cannot be sustained. On these premises, prayer for dismissal of the petition has been made.;