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Judgment
Sant Parkash, J
[The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual court]
CM-12418-CWP-2020
This is an application for placing on record copy of judgment dated 11.11.2020 rendered in CWP No. 27945 of 2019 and disposal of the main case in
terms of the same.
Application is allowed. Copy of the aforesaid judgment is taken on record as Annexure P-19.
CWP No. 30848 of 2019
The instant petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari quashing
notification dated 04.04.1998 (Annexure P-1) under Section 4 of Land Acquisition Act, 1894 (for short 'LAC Act'), declaration dated 06.04.1998
(Annexure P-2) issued under Section 6 of the LAC Act and award dated 15.07.1999 (Annexure P-4) passed by respondent No. 2-Land Acquisition
Collector, Gurugram, as the same is lapsed in view of non deposit of compensation under Section 24(2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short '2013 Act').
The petitioner purchased a plot measuring 62 square yards comprised in Khewat No. 171, Khasra No. 643 situated within the revenue estate of
Village Basai, Tehsil Kadipur, District Gurugram, vide sale deed bearing Vasika No. 17270 dated 20.03.1998. The said land stood acquired vide
impugned notification dated 04.04.1998; declaration under Section 6 was issued on 06.04.1998 and award was passed on 15.07.1999 by respondent
No. 2. Petitioner did not accept the compensation.
Petitioner filed a civil suit for declaration against the Land Acquisition Collector, Gurugram on 26.03.2018 and an interim injunction was passed in
favour of the petitioner vide order dated 10.05.2018, restraining the respondents from taking any further action. However, the injunction application
was finally dismissed vide order dated 12.11.2018 (Annexure P-11) by the Civil Judge (Junior Division), Gurugram. Demolition drive was carried out
against the petitioner and the house of the petitioner was demolished. Petitioner withdrew the suit for declaration in order to pursue his case before
this Court. As on date, the petitioner has not received or taken any compensation for the acquisition. Respondents had taken the forcible possession of
his land on 25.12.2018. As such, the petitioner pleaded that he is entitled to benefit of Section 24(2) of 2013 Act and notification under Section 4 along
with declaration under Section 6 and award dated 15.07.1999 stand lapsed and should be quashed. Consequently, the land is liable to be returned to the
petitioner along with adequate compensation for repair, renovation and construction of the demolished house.
It is the contention of the learned counsel for the petitioner that in similar circumstance, this Court, vide judgment dated 11.11.2020 (Annexure P-19)
passed in CWP No. 27945 of 2019 titled Geeta Sharma Versus State of Haryana and others has directed the respondents to consider the request of
the petitioner for allotment of an alternate plot in the event the petitioner is considered as an oustee as per the Rehabilitation and Resettlement
Schemes. Consequently, the petitioner prays for withdrawl of the instant writ petition with liberty to seek the remedy of allotment of an alternate plot
in the event the petitioner is considered as an oustee under the scheme.
Dismissed as withdrawn with liberty as prayed for by the petitioner.