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SURESHWAR THAKUR, KULDEEP TIWARI
Shyam Saini – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Kuldeep Tiwari, J.
The petitioners have thrown a challenge to the acquisition notification dated 24.12.2007 (Annexure P-3) as issued under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as 'the Act of 1894') which was followed by declaration dated 23.12.2008 (Annexure P-5) issued under Section 6 of the ibid Act and also the order dated 10.10.2014 (Annexure P-6) vide which the request of the petitioners to release their lands from acquisition has been declined.
2. Before we divulge into the alleged illegality of the impugned notification(s), it is apt to mention here that award Nos.8-9 qua the petition land(s) was announced way back on 23.6.2010 and the possession of the acquired land was handed over to the Estate Office, HUDA, vide rapat rojnamcha No.636 dated 23.6.2010 of village Kutana and rapat No. 637 dated 23.6.2010 of village Rohtak. Therefore, the present writ petition has been filed much belatedly after the pronouncement of the requisite award and the consequent assumption of possession by the acquiring authority. On pronouncement of award and on assumption of possession of the land by the acquisition authority concerned, the land vests with th
Writ petitions challenging acquisitions after award pronouncement are non-maintainable.
A petitioner lacking locus standi cannot challenge acquisition notifications as valid public interest considerations prevail.
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
The court emphasized the importance of timely challenges to acquisition proceedings and the consequences of delay and laches in approaching the court.
Section 11A of Act, Collector has to make an award under Section 11 within a period of two years from date of publication of declaration and if no award is made within that period, entire proceedings....
The conclusive and binding effect of previous verdicts, estoppel, and lack of entitlement based on delayed challenges.
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