IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 20.02.2025 Date of Decision : 07.03.2025 JASVINDER KUMAR AND OTHERS ...Petitioners V/S STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON’BLE MR. JUSTICE SURESHWAR THAKUR HON’BLE MR. JUSTICE VIKAS SURI Present : Mr. Rahul Dahiya, Advocate for the petitioners.

Mr. Ankur Mittal, Addl. AG Haryana with Ms. Svaneel Jaswal, Addl. A.G. Haryana, Mr. P.P. Chahar, Sr. DAG, Haryana, Mr. Saurabh Mago, DAG, Haryana, Mr. Gaurav Bansal, DAG, Haryana and Mr. Karan Jindal, AAG, Haryana.

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SURESHWAR THAKUR, J.

1. Through the instant writ petition, the petitioners have prayed for the issuance of a writ in the nature of a mandamus, thus directing the respondents to acquire and decide the compensation of the land, from the date of possession, with H.B No.13, bearing Khewat No.64//71, Khatauni No.72, Khasra No.6//24, 6//17/1/1/2, 6//16 and Khewat No.58//65, Khatauni No.65, Khasra No.6//17/1/1/1, 6//15 situated at Village Rapri, District Yamuna Nagar of the petitioners, which is already in possession of the respondents, as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (hereinafter referred to as the ‘Act of 2013’) and other benefits and release the same to the petitioners.

2. The brief facts of the present case are that the petitioners are the co-sharers of the lands mentioned hereinabove. The petitioners vide sale deed No.2267 dated 28.02.2019 (Annexure P-1), thus acquired a share in the subject lands, from petitioner No.3 i.e. Sh. Vijay Kumar son of Sh. Ramal Dass. The revenue record showing the name of the petitioners as co-owner becomes appended with the instant petition as Annexure P-2.

3. The petitioners sought information under RTI Act, wherebys, vide letter No.3034 dated 14.11.2022 (Annexure P-3), it was revealed that the aforesaid land had been encroached by the respondents and that the property of the petitioners had never been acquired by respondents or by any legal authority and the respondents had constructed the subject road on the said land. Further, the widening of the said illegal subject road was also done twice, within the last 3 years and the same was also done illegally and unlawfully, without following the due course of law.

4. After the petitioners found out that the area of their land is not complete, thereupons they moved an application dated 16.02.2023 (Annexure P-4) before the Tehsildar, Radaur, for the demarcation of the aforesaid land.

5. Subsequently, the demarcation of the land was done on 27.02.2023, through Ranbir Singh, Kanungo after giving notices dated 21.02.2023 to the persons concerned, inasmuch as, to the Nambardar of village, to the respondent No.5 i.e. SDO, PWD, Radaur, District Yamuna Nagar, and the other respectable persons of village Rapri, Tehsil Radaur, Yamuna Nagar. On 27.02.2023, Sh. Om Parkash from the office of respondent No.5 was present at the time of demarcation and duly signed his presence. Thereafter, the demarcation report dated 27.02.2023 (Annexure P- 5) was prepared and submitted, which revealed that there is an encroachment by respondent No.5 PWD & Forest department over Khasra No.6//16, 6//17/1/1/2, 6//24 inasmuch as, a road was constructed thereovers by the said department.

6. The petitioners contend that the respondents have illegally encroached upon the said land i.e. Khasra No.6//16, 6//17/1/1/2, 6//24, Village Rapri, thus through theirs constructing the new road, despite no valid demarcation of the subject lands being made by the respondents.

7. Subsequently, the petitioners visited the office of the respondents concerned, requesting to follow the due course of law, before undertaking the exercise of widening of the road constructed by PWD (B & R), and to acquire the land as per the provisions of the Act of 2013, besides to also calculate the compensation, from the date of possession along with other benefits. It was further averred tha