of Haryana & Anr Vs. Jaipal Singh &
Ors  INSC 958 (14
K.Ramaswamy, K.Majmudar S.B. (J)
1996 SCALE (6)321
O R D
have heard learned counsel on both sides.
under Section 4(1) of Land Acquisition Act, 1894 (for short, the 'Act) was
published on January 23, 1990 acquiring a large extent of the land for
urbanization and commercial purpose in Sectors No.4A and 6 of Daruhera and Malpura
Village in District Rewari. The respondents challenged the validity of the
notification in the High Court on two grounds. Firstly, that there was a policy
of the Government to exclude from acquisition the lands on which buildings have
been constructed and secondly, the respondents had constructed shops before
notification under Section 4(1) was published and, therefore, their land is
liable to be excluded from the notification. The High Court in the impugned
order made in Writ Petition No 6804/91 on February 11, 1992 recorded a finding that the
respondents had constructed the shops prior to the issue of the notification.
There was general policy to exclude from acquisition the built-in areas.
Therefore, it was held that they are liable to be excluded. The notification was
have repeatedly held in several judgments that there is no general policy as
such that all the lands on which construction has come to be made are required
to be deleted from the acquisition. But it was admitted across the Bar that a
decision was taken not to acquire the A.B.C.D. land.
respondents placed on record the proceedings of the Director, Department of
Urban Estate, Haryana in the letter dated February 12, 1992 wherein it was stated that the
Government had decided to release the land to the west of line marked A.B.C.D.
Ok the Shajra Plan sent to the Land Acquisition Officer. Accordingly, direction
was given to the Land Acquisition Officer to take action to delete such of
those lands within that area and submit a detailed report in that behalf.
we enquired from the counsel for the respondents to point out after locating
the lands whether they are situated within the A.B.C.D. line marked on the Shajra
Bhan, the learned counsel with difficulty sought to place before us the
identification and localisation of the land. But on the basis of scant material
on record, we think that it would be hazardous for us to conclude whether or
not the lands are existing within the aforesaid demarked Shajra Plan.
Appropriate course would be that the respondents should make an application
before the Secretary to Government, Haryana, Urban Estate Department, Haryana
Civil Secretariat. Chandigarh within a period of weeks from today
giving the details of the location, whereat the lands are factually existing.
The Secretary would have an enquiry made through either the Urban Estates
Department or Land Acquisition Officer, as the case may be, or any appropriate
authority, to localise and identify the existence of the lands in question
belonging to the respondents. If the lands in fact are situated within the area
to the west of A.B.C.D. line of Shajra Plan, as mentioned in the said letter,
it would be obvious that in the light of the decision of the Government, the
lands are required to be released from acquisition.
case the Secretary found that the lands are situated outside the A.B.C.D. line
of Shajra Plan, an enquiry has necessarily got to be made as to when these 14
shops came to be constructed by the respondents. If the shops were constructed
prior to the publication of the impugned notification under Section 4(1),
necessarily compensation has to be determined in accordance with the provisions
of subsection (1) of Section 23. In case the construction came to be made after
the notification under Section 4(1), necessarily they cannot claim any
first appellant is directed to dispose of the matter within a period of two
months thereafter. The respondents are at liberty to place all the documents
before the first appellant for consideration.