KEWAL KRISHAN Vs. STATE OF HARYANA
LAWS(P&H)-2020-2-446
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 11,2020

KEWAL KRISHAN Appellant
VERSUS
STATE OF HARYANA Respondents




JUDGEMENT

RAVI SHANKER JHA, - (1.)This petition has been filed for issuance of a writ in the nature of mandamus directing the respondents not to act upon Notifications dated 02.05.2001 and 30.04.2002 (Annexures P-3 and P-4) issued under Section 4 and 6 of the Land Acquisition Act, respectively.
(2.)Shorn of unnecessary details, the factual backdrop of the present case as claimed by the petitioner is that his land comprised in Khewat No. 73Khatoni No. 105 measuring 105 square yards situated within revenue limits of TejliHadbast No. 409 Hadbast No. 409 Tehsil Jagadhri District Yamuna Nagar was purchased by his mother namely Smt. Jai Rani who has since died and thus, the petitioner being one of the LRs of the deceased Jai Rani has filed the present petition seeking lapsing of the acquisition of his land vide notifications dated 2nd May, 2001 and declaration under Section 6 dated 30.04.2002 followed by the award under Section 11 of 1894 Act dated 27.04.2004; thereby acquiring land for the development and utilization of land as residential, commercial area for Sector - 15, Jagadhri; by invoking the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on the ground that physical possession of the land is with him and also the compensation for the land acquired is neither paid nor deposited in the Ld. Court.
(3.)That in support of his claim, the petitioner has pleaded that for the purpose of developing Sector - 15, Yamuna Nagar, the acquisition proceedings were carried out many a times. Initially three efforts made i.e. in the year 1969, 1974 and 1980 for acquiring the land and the acquisition proceedings were allowed to lapse. Afterwards, another notification under Section 4 of the Land Acquisition Act, 1894 was issued on 24th April, 1987 which was including the land in question as owned by her mother at that point of time. It was claimed that some land owners challenged the process of acquisition by filing CWP No. 3269 of 1990 which was allowed and the declaration issued under Section 6 of the Land Acquisition Act, 1894 was quashed.
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