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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Vidya Devi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
G.S.Sandhawalia, J. - The present writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the respondents to pass appropriate orders on the representation dated 19.01.2022 (Annexure P-10) and seeking release of the land of the petitioners situated in village Kanhai, Tehsil and District Gurugram as per the policy dated 14.09.2018 (Annexure P-9) on the ground that it cannot be utilized as per clause no.7 of the said policy. The prayer is made not to demolish the structures raised by the petitioners on the said land which is stated to be situated in Khasra No.34//22/2 in the said village and measuring 4 kanals and 17 marlas. The same is stated to be adjacent to the land of the petitioners which has been left over by the respondent- Government.
2. In the writ petition, though it has been mentioned that there was earlier litigation in the form of CWP No. 22269 of 2020, Sanjay and others v. State of Haryana and others but there is studied silence regarding the decision on merits in CWP No. 14184 of 2016 and the challenge raised to the order dated 21.03.2016 (Annexure P-11) in the said
The court established that land once acquired vests with the State, and claims of non-possession or non-payment do not negate the validity of the acquisition.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
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