- (1.) We have learned counsel appearing for the parties. This Special Appeal has been arises out of the judgment and order passed by learned Single Judge dated 16.12.2013, by which he has allowed the writ petition arising from the proceedings for acquisition of land, for which notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on 11.07.1991, and the declaration under Sec. 6 of the Act was made on 07.05.1993. The land in khasra No. 371/2 measuring 1 bigha in village Devkheda, Tehsil and District Alwar was jointly purchased by Smt. Amarjeet Kaur, petitioner No. 1 (respondent No. 1 herein) along with her husband late Shri Satyawan Singh Dhillon on 12.06.1978 from Smt. Ram Pyari, and was mutated in their favour. The land comprised of a house having six rooms, one kitchen, one toilet and one washroom with two rooms constructed for the livestock. They had also planted about 200 trees, and raised a wall, on which the electricity motor has been installed.
(2.) The land in question was acquired for 'Warehousing & Godown Scheme' (hereinafter referred to as 'the Scheme'), after inviting objections under Sec. 5 -A of the Act, which were filed on 12.12.1989. It was alleged that the Scheme was not valid, and that the Notification was issued in the name of a dead person, after which the two sons of the petitioner No. 1 were recorded as khatedars, to whom notices were not issued. It is also stated that the house has been constructed on the land, in which the entire family is residing since 1973.
(3.) Learned Single Judge allowed the writ petition on the ground that the objections under Sec. 5 -A of the Act, were not considered in the light of the recommendation made by the Land Acquisition Officer. In the report of the Land Acquisition Officer under Sec. 5 -A of the Act, he recommended that on inspection of the land in dispute, it was found that the petitioners have their house and cattle shed on it. The land is only about a bigha, which has been completely utilised by them for constructions. He also reported that the land is not covered in the Scheme proposed by the Urban Improvement Trust. The representative of the Urban Improvement Trust, for whom the land was acquired, admitted before the Land Acquisition Officer that this land is outside the boundary of the Scheme, and that the Urban Improvement Trust has no objection, if the land in dispute is excluded from the acquisition.;