Raj Mohan vs State of Haryana

Surya Kant, J.—Notice of motion to respondent Nos. 1, 2 & 4 only at this stage.

On our asking, Ms. Palika Monga, learned Deputy Advocate General, Haryana, accepts notice on their behalf.

Let three copies of the writ petition be supplied to the learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

In view of the nature of order which we propose to pass, neither respondent No. 3 is required to be served nor any counter-reply from respondent Nos. 1, 2 & 4 is needed at this stage.

The land of the petitioners measuring 5 kanal 19 marlas fully described in para No. 2 of the writ petition, situated within the revenue estate of village Naharpur Kasan, Tehsil and District Gurgaon, was acquired vide notifications dated 17.09.2004 and 27.10.2004, issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act''), respectively, for the ''public purpose'' of setting up of Chaudhary Devi Lal Industrial Model Township, Phase-V, Manesar, The petitioner challenged that acquisition in CWP No. 15744 of 2008 (Raj Mohan versus State of Haryana and others) on various grounds including that he has a running factory thereon. The said writ petition was dismissed vide order dated 30.03.2010.

The claim of the petitioner in the instant writ petition is that no compensation has been paid to him for the acquired land nor the possession of that land was taken. On this premise, it is contended that the petitioner is entitled to the benefit of the new Act, namely, ''The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013''.

Whether the petitioner has been offered/paid compensation or not and whether possession of the land was taken over, are essentially the questions of fact which can be effectively determined by the authorities on consideration of the relevant records. We dispose of this writ petition with a direction to the Land Acquisition Collector, Gurgaon, to verify the above-mentioned factual assertions made by the petitioner and send the appropriate recommendations to the State Government. Needless to say that if it is proved on record that no compensation is paid/offered to the petitioner or that he is still in possession of the land, he shall be entitled to the provisions of the new legislation. The State Government shall pass an appropriate order within a period of three months from the date of receiving a certified copy of this order.

Till then, both the parties are directed to maintain status-quo.

Ordered accordingly.

Dasti.