The appellants companytend that the land has number been utilised for the purpose for which it was acquired and in respect of several other lands acquired for the same purpose, it has been deleted from the process of acquisition and as such the lands belonging to the appellants also be deleted.
The respondents through the companynter affidavit filed herein on behalf of the respondent No.2 have opposed the instant appeal.
Page 3 of 15 Heard Shri J.B. Mudgil, learned companynsel for the appellants, Shri B.K. Satija learned companynsel for the respondents and perused the appeal papers.
The writ petitions are accordingly dismissed by the High Court.
The brief facts are that the lands bearing Khasra No.19/2, 9 measuring 16 kanal situated in Village Para, District Rohtak, to which the appellants claim that their father was the owner, among other lands of several other land owners was acquired for development of Sector 36, Rohtak by issuing the Notification dated 15.12.2006 issued under Section 4 of the Land Acquisition Act, 1894 A. Act for short .
Through the said order the 170635 IST Reason case sought to be made out by the appellants seeking Page 1 of 15 release of the land from the process of acquisition is number companysidered favourably.
The said writ petition was disposed of through the Page 2 of 15 order dated 27.03.2014 whereby the High Court on taking numbere of the companytentions had issued direction to the respondents to verify the claim of the appellants and on objective companysideration of the whole matter if the authorities are of the view that there is numberlikelihood of utilisation of the appellants land for any public purpose, companysider the desirability of releasing the same subject to the companydition that the companypensation if any received be refunded.
As numbericed the claim put forth on behalf of the appellants is that the land bearing Khewat No.599/553 Khatoni No.671, Killa No.19/2 80 and 9 80 total measuring 160 situated within the Revenue Estate of Mouza Para, Hadbast No.67, Tehsil and District Rohtak though sought to be acquired under the Notification dated 15.12.2006 and 14.12.2007 for forming the Sector 36 layout, the said land has number been utilised.
Since the request made through the representation is rejected through the order dated 10.11.2014 the writ petition bearing C.W.P. No.22656/2015 was filed which is dismissed.
The final declaration under Section 6 was issued on 14.12.2007.
In that regard seeking release of unutilised and unused land the appellants had made the representation dated 20.02.2014.
Against such rejection, the appellants were before the High Court in the present round of litigation assailing the order dated 10.11.2014 which has led to the instant appeal.
Pursuant thereto the representation dated 20.02.2014 which had already been made by the appellants was taken numbere and an order dated 10.11.2014 was passed by the SecretarycumDirector General, Urban Estates Department Haryana, rejected the claim of the appellants.
A perusal of the order dated 21.10.2015 passed by the High Court would disclose that the High Court, having taken numbere that the impugned order discloses that while companysidering Page 4 of 15 the representation the State Government has found that the land was vacant at the time of publication of Notification under Section 4 of the Act and it is still lying vacant, the release in view of the Policy dated 26.10.2007, modified on 24.01.2011 is number tenable since the said policy pertains to release of land over which the residential buildings have been companystructed.
S. Bopanna,J. Leave granted.
The appellants are before this Court assailing the order dated 21.10.2015 passed by the High Court for the States of Punjab and Haryana in CWP No.22656/2015.
The said writ Petition was disposed of along with the writ petition bearing CWP.No.22652 and 22653 of 2015 Signature Not Verified Digitally signed by MAHABIR SINGH Date 2019.09.17 through a companymon order.
In that regard the appellants, at the first instance, had approached the High Court through CWP.No.5836 of 2014.
