- (1.) This order shall dispose of CWP Nos.8268 to 8276 of 2001, as they involve common questions of fact and law. Facts, however, have been extracted from CWP No.8268 of 2001.
(2.) The land in dispute was originally a part of Khasra No.1636, which measured 13 kanals and 13 marlas and was owned by Daya Ram etc. The Government of Haryana, issued a notification, under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') dated 21.10.1975, proposing to acquire land measuring 27 kanals 17 marlas, for construction of a Bus Stand. 6 marlas of out of Khasra No.1636, described as Khasra No.1636/1 was also notified for acquisition. This notification was followed by a notification issued under Section 6 of the Act dated 11.5.1978. Though, the notifications refer to acquisition of 6 kanals of land bearing Khasra No.1636/1, they do not specify which part of Khasra No.1636 was being acquired. The award was pronounced on 11.2.1981 by the Land Acquisition Collector. Eventually on 24.8.1983, a mutation was sanctioned, whereby Khasra No.1636, was bifurcated into Khasra No.1636/1, owned by the State of Haryana and Khasra No.1636/2 owned by private persons. In the meanwhile, the petitioner purchased 6 marlas of land out of Khasra No.1636, by way of a registered Sale Deed dated 2.9.1982 and raised construction of a house, after her building plans were sanctioned by the Municipal Committee, Assandh. The petitioners in the other writ petitions have also raised construction in the shape of houses/shops.
(3.) The State of Haryana, filed a petition under Sections 3,4,5,6 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 'the Public Premises Act') praying for the eviction of the petitioners and for realisation of damages for unauthorised use of a part of Khasra No.1636/1, which had been vested in the State, post acquisition.;