SURESHWAR THAKUR, KULDEEP TIWARI
Ved Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
The petitioner has, through the instant writ petition, sought quashing of the land acquisition notifications dated 12.05.1995 and 10.05.1996, issued respectively under sections 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the 'Act of 1894'), on the ground, that the acquired lands have not been put to any efficacious use, despite elapse of more than 25 years.
2. As a matter of fact, the petitioner was owner of the petition lands, situated at Village Bahadurgarh, District Jhajjar, which were put to acquisition, through issuance of an acquisition notice, under Section 4 of the Act of 1894, on 12.05.1995, by the State of Haryana, through Urban Estate Department, for the purpose of development, utilization for residential, industrial and commercial purposes, for pockets of Sectors 9 and 9-A in Bahadurgarh.
3. Aggrieved from the acquisition notice (supra), the petitioner filed objections under Section 5-A of the Act of 1894. However, in continuance of the acquisition proceedings, the department concerned issued another acquisition notice under Section 6 of the Act of 1894, on 10.05.1996, which was subsequently followed by an award
Land Acquisition - Process of acquisition was completed way back in the year 1987-88. The petitioners have even received the compensation and did not raise any objection immediately thereafter. They ....
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
The fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
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