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Judgment
VIKAS BAHL, J.(ORAL)
In the present civil writ petition, following prayers have been made:-
“Petition under Articles 226 and 227 of the Constitution of India for issuance of writs in the nature of certiorari, mandamus, prohibition etc. for quashing the impugned Notifications dated 20.06.2005 (Annexure P-2) and 19.06.2006 (Annexure P-3) issued under Sections 4 and 6 of the Land Acquisition Act, 1894 and the Award dated 22.02.2007 (Annexure P-4) passed by respondent No.3 and all subsequent proceedings taken in pursuance thereof and further praying that the respondents be directed to release the acquired land in question of the petitioner 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 as the proceedings of acquisition initiated under the Old Act i.e. the Land Acquisition Act, 1894 stand lapsed in view of the fact that the petitioner is in possession of the land till date and the compensation has not been paid nor deposited before the competent court as per requirement of the 1894 Act. And Any other writ, order or direction as this Hon’ble Court may deem fit and proper may kindly be passed in favour of the petitioner.”
Learned counsel for the State has submitted that in the present case, the notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as “1894 Act”) was issued on 20.06.2025 for notifying the land for the public purpose namely, the development and utilization of land for residential and commercial, institutional and open spaces for Sector 52-A, 53 and 54 at Gurgaon. It is submitted that no objection under Section 5-A of 1894 Act was filed by the petitioner and the land at the time of issuance of notification under Section 6 of the 1894 Act was lying vacant. It is submitted that notification under Section 6 of the 1894 Act was issued on 19.06.2006 and the same included the land of the petitioner and the award was passed on 22.02.2007 and thereafter the possession of property was taken vide rapat roznamcha no.278 dated 22.02.2007. It is further submitted that the total compensation amount of Rs.75,43,88,796/- was tendered and deposited to the Land Acquisition Collector, Gurugram, out of which, Rs. 53,08,56,601/- has been paid to the land owners and rest of the amount is lying in the account of LAC, Gurugram, and is available for disbursement to the land owners. It is submitted that even the co-sharer of the petitioner has taken the compensation and that the land in question affects the planning of site of Amusement Park, 12 meter wide service road and 60 meter Sector road, Gurugram. It is submitted that the present petition has been filed after a delay of 9 years from the date of passing of the award and thus, in view of the law laid down by the Hon’ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal and others reported as (2020) 8 SCC 129 and this Court in the case of Gopal Singh Rathi and others vs. State of Haryana and others, CWP-13333-2016 decided on 23.07.2026, the present writ petition deserves to be dismissed.
None had appeared on behalf of the petitioner on the last date. Even today, none has appeared on behalf of the petitioner to pursue the present case.
In view of the above, the present writ petition is disposed of. Liberty is granted to the petitioner to revive the present writ petition if any cause still survives.
Registry is directed to send a copy of the present order to the petitioner on the address given in the memo of parties.