SURENDER GUPTA Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) THE instant petition under Article 226 of the Constitution prays for setting aside of the award dated 21.7.2009 (P -8) and declaring the acquisition of agricultural land for commercial purposes as null and void. Another prayer made is that the compensation should be payable to the landowner on the basis of the market value as may be determined from the date of declaration issued under Section 6 of the Land Acquisition Act, 1894 (for brevity 'the Act') and not from the date of notification under Section 4 of the Act has been issued. A declaration has been sought that Section 4 of the Act may be declared ultra vires of Article 14 of the Constitution as it confers arbitrary power.

(2.) IT is appropriate to mention that the petitioner has on his own showing filed CWP No. 13519 of 2010, which has been dismissed by a Division Bench of this Court on 2.8.2010 where similar issue was raised. The ground of dismissal are reflected in two concluding paras, which read as under :

(3.) THE second ground for dismissal was that the writ petition was filed one year after the pronouncement of the award. The award was pronounced on 31.7.2009 and the petition was filed in August, 2010. In that regard, the explanation has been tendered in para 14 & 15 of the writ petition, where it has been asserted that the notices under Section 9(3) or 9(4) of the Act were not issued and thus the petitioner was not aware. In para 15 it has also been asserted that the electricity supply to the land of the petitioner was disrupted for the reason of passing of the award and it was only then he came to know that his land has been acquired.