Judgment :-

R.M. Lodha, J.

This group of eight appeals involves identical controversy and, hence, all these appeals were heard together and are being disposed of by a common judgment. As a matter of fact, five appeals (5440/2000, 5442/2000, 5443/2000, 5444/2000 and 5445/2000) have been disposed of vide common judgment dated August 13, 1998 by the Division Bench of the Punjab and Haryana High Court. The other three appeals (5449/2000 5441/2000 and 5446/2000) have been disposed of by the High Court vide separate judgments dated March 26, 1998, May 18, 1998 and August 13, 1998 respectively.

2. The facts have been set out in the impugned judgments and, therefore, we do not deem it necessary to repeat the same. Suffice, however, to say that large tract of land admeasuring 184.56 acres situate at Narnaul was proposed to be acquired for Urban Mini Estate by the Haryana Urban Development Authority (HUDA) and, for the said public purpose, notification under Section 4 of the Land Acquisition Act, 1894 (for short, `Act) was issued on October 30, 1992. Many owners whose lands were sought to be acquired filed objections under Section 5-A of the Act before the concerned Land Acquisition Officer. Pursuant to these objections, land dmeasuring 11.55 acres was excluded and declaration under Section 6 of the Act was made in respect of 173.01 acres on October 28, 1993. Seventy eight landowners filed 32 writ petitions in the High Court of Punjab and Haryana challenging the notifications under Sections 4 and 6 of the Act on diverse grounds. Inter alia, in these writ petitions, the writ petitioners also prayed for release of their respective lands. At this stage, it may also be noticed that although declaration under Section 6 was made in respect of 173.01 acres but award was passed for land admeasuring 172.57 acres only as the State Government is said to have decided to release land of 13 landowners admeasuring 0.44 acres for which ultimately release order was passed on February 28, 1997.

3. Reverting back to the writ petitions, it transpires that during their pendency, Chief Administrator, HUDA-cum-Director, Urban Estates stated before the Division Bench on January 8, 1998 that HUDA was prepared to appoint a committee to inspect the site and make recommendations whether the land of the writ petitioners could be released or not. Accordingly, a Joint Inspection Committee was constituted comprising of Superintending Engineer, HUDA, Gurgaon; Land Acquisition Officer, Gurgaon and District Town and Country Planner, Narnaul under the Chairmanship of Administrator, HUDA, Gurgaon. The Committee carried out spot inspection of the land owned by the petitioners and submitted its report before the Division Bench on February 13, 1998. Insofar as the present appellants are concerned, the Joint Inspection Committee did not recommend release of their land from acquisition. The High Court took into consideration the report submitted by the Joint Inspection Committee and keeping in view the recommendations made by it ordered release of land in favour of 22 owners and dismissed the writ petition of other petitioners including the present appellants.

4. It is pertinent to mention here that at least four petitioners whose writ petitions were dismissed by the High Court on the ground that Joint Inspection Committee had not recommended release of their land, later on applied under Section 48 of the Act and by separate orders the Government released their land from acquisition. It also appears that some of the owners although did not challenge the acquisition in the court but represented to the Government for release of their land from acquisition and their lands were also released.

5. During the pendency of these appeals, this Court vide order dated August 19, 2008, keeping in view the earlier orders passed by this Court and the affidavit in-reply dated June 27, 2008 (filed in Court on July 8, 2008) by Financial Commissioner and Principal Secretary to Government of Haryan