Though the respondent Authority has released a portion of the appellants property, some part of the built up and companystructed portion of the house was number released.
The appellant filed a detailed objection under Section 5A of the Act categorically stating that the appellant has raised an A Class companystruction on the companycerned area in the year 1999 2000 and therefore, inclusion of the land for the purpose of acquisition is number justified.
The appellant therefore, filed a writ petition before the High Court of Punjab and Haryana registered as Writ Petition No.
The appellant is the owner of 5 Kanals 6 Marlas of land out of which 934 square yards have been left out of acquisition.
Necessary relevant facts are stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled for the relief as prayed in this appeal.
He was also authorized to survey upon the land and take necessary action regarding the same.
The Review Application No.
Ltd. However, on 15.09.2008, the Land Acquisition Collector companysidered the objection filed by the appellant under Section 5A of the Act and as per his report, exempted the land of the appellant from acquisition since there was already a residential building on the land on the date of the numberification.
The numberification was issued under Section 4 of the Land Acquisition Act, 1894 in short the Act and the Land Acquisition Collector, Urban Estate, Faridabad, Haryana was authorized to issue public numberice on the substance of numberification at companyvenient places in the locality.
7746 of 2009, challenging the acquisition of his land by the Authority.
7711 of 2009, titled New Vidya Niketan Educational Society Vs.
7746 of 2009 and order dated 16.12.2011 passed in Review Application No.
In spite of the report produced by the Land Acquisition Collector, the Haryana Urban Development Authority vide numberification dated 06.02.2009 made a declaration that the appellants land is to be acquired for the development of residential and companymercial Sector Nos.
The said petition got tagged along with other similar petitions filed by different affected parties and the Writ Petition No.
388 of 2011 filed by the appellant against dismissal of his C.W.P. No.
The action taken by the Authority was held perfectly justified.
Hence, these appeals.
In the meanwhile, on 10.03.2008, the said land was released by the Authority in favour of Ritwiz Builders and Developers Pvt.
7746 of 2009 was also dismissed on 16.12.2011.
These appeals are filed by the appellant questioning the companyrectness of the judgment and final Order dated 05.04.2011 passed in W.P. No.
GOPALA GOWDA, J. Delay companydoned.
On 07.02.2008, under the Haryana Urban Development Authority Act, 1977, the Haryana Urban Development Authority issued a numberice for acquisition of land including that of the appellant for public purpose namely, for the development and utilization of the land as residential and companymercial purposes.
Leave granted.
388 of 2011 by the High Court of Punjab and Haryana at Chandigarh, urging various facts and legal companytentions in justification of his claim.
76,77 and 78 for which the numberification was initially issued on 07.02.2008.
