Petitioner challenged excess land possession by State under Land Acquisition Act. Court disposed of writ by directing authorities to respond to legal notice within three months.
Directions to respondent to decide legal notice and return excess land or pay compensation within three months.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.15373 of 2010 Date of decision: 27.8.2010
Arjun
…..Petitioner
versus
State of Haryana and others
……Respondents
CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih
Present: Mr.Deepak Sonak, Advocate for the petitioner Jasbir Singh, J. (Oral)
In the year 2003, land of the petitioner, measuring 3 kanal 13 marla, was acquired by issuing notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act). Thereafter, the State government took possession of the acquired land. It is case of the petitioners that the land measuring 430 sq.yards over and above the land acquired, was also taken in possession by the State authorities without any justification. To say so, reference has been made to a demarcation report dated 11.12.2006, which reads thus:-
“At the spot it is found that Irrigation Department has constructed drain on 403 square yard land apart from the acquired land for Pundari Drain No.1 in khasra No.84/1120/1-20/2 14 K -13M.”
It is grievance of the petitioner that neither compensation has been paid nor the authorities have returned possession of the land, which was taken in possession more than the land acquired vide notifications issued in the year 2003.
2
Civil Writ Petition No.15373 of 2010
During arguments, it transpired that by stating his grievance, the petitioner has served a legal notice to respondent No.4 on 10.1.2009, which is still pending undecided.
In view of facts mentioned above, this writ petition is disposed of by issuing directions to respondent No.4 to take note and decide legal notice served by the petitioner, by passing a speaking order and if it is found that excess area of the petitioner has been taken in possession by the State authorities, remedial measures be initiated forthwith either by returning possession of the excess land or by making payment of compensation to the petitioner. Needful be done within three months from the date of receipt of
a copy of this order.
(Jasbir Singh) Judge
27.08.2010 (Augustine George Masih) gk Judge
2 issues framed by the court
Whether relief is available regarding possession of land acquired in excess of notified area.
Whether directions to respond to legal notice regarding excess land acquisition are appropriate.
1 provisions across 1 enactments
Arjun
State of Haryana
Jasbir Singh
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
