ALKA SARIN, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the notification dated 06.05.1982 (Annexure P-1) issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘1894 Act’) and the declaration/notification dated 02.05.1985 (Annexure P-2) issued under Section 6 of the 1894 Act as well as the award dated 01.05.1987 (Annexure P-3) on the ground that the acquisition proceedings have lapsed in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the ‘2013 Act’).

2. Brief facts relevant to the present lis are that the petitioners are the owners in possession of a portion of the land measuring 05 kanals 0 marla situated in Khewat No.531min//473 Khatoni No.582 and Killa No.1//23/1 (total 5K-0M) in Village Liwaspur, Tehsil and District Sonepat, as per jamabandi for the year 2008-09. On 06.10.1981 a notification was issued under Section 4 of the 1894 Act. The petitioners herein challenged the same by filing CWP No.510 of 1982 titled as “Zile Singh & Ors Vs. The State of Haryana & Anr”. On 26.04.1982 the State had made a statement that they would be withdrawing the impugned notification and accordingly the writ petition was dismissed as withdrawn. A second notification was issued on 06.05.1982 under Section 4 of the 1894 Act (Annexure P-1). No objections under Section 5-A of the 1894 Act were filed. A declaration/notification was issued on 02.05.1985 under Section 6 of the 1894 Act (Annexure P-2). The award was announced on 01.05.1987 (Annexure P-3). The petitioners herein challenged the notifications (Annexures P-1 and P-2) by filing CWP No.3327 of 1987 titled as “Kartar Singh & Ors. Vs. The State of Haryana & Ors.” wherein the acquisition was challenged on merits. The said writ petition was dismissed by this Court vide order dated 03.02.2009 (Annexure P-4).

3. The present writ petition was filed in the year 2016 only on the ground that the acquisition proceedings have lapsed in view of the provisions of Section 24(2) of the 2013 Act. Initially, the present writ petition was allowed vide order dated 30.11.2016. Aggrieved by the same the respondents herein filed an appeal before the Supreme Court. The said Civil Appeal along with the other connected Civil Appeals as also the case titled as State of Haryana & Ors. vs. Aalamgir & Ors. [(2025) 6 SCC 397], being the lead case, was allowed and the matter was remanded back to this Court for reconsidering the issues in view of the Constitution Bench judgment in the case of Indore Development Authority vs. Manohar Lal & Ors. [(2020) 8 SCC 129 = 2020 (4) RCR (Civil) 668]

4. Learned counsel for the petitioners has contended that the petitioners are still in physical possession of the property and the compensation has not been paid to them.

5. Per contra the learned counsel for the State has referred to the short reply by way of an affidavit of Sh. Ashish Kumar, Land Acquisition Collector, Urban Estate Department, Rohtak on behalf of respondent No.2 to contend that in the present case the petitioners herein did not file any objections under Section 5-A of the 1894 Act. Learned State counsel has further pointed out to para Nos.8 and 9 of the affidavit wherein it has been stated that vide rapat roznamcha No.501 dated 01.05.1987 the possession was handed over to the beneficiary department and that the entire compensation of ₹34,91,466/- was tendered by the Land Acquisition Collector, Rohtak at the time of announcement of award dated 01.05.1987 and is lying deposited in the account of the LAC and is available for disbursement to the landowners.

6. We have heard learned counsel for the parties and have carefully gone through the records.

7. Their Lordships in the case of Indore Development Autho