CWP No.11703 of 2009 /1/ IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.11703 of 2009 Date of Decision: January 15, 2010 Abdullah & others .......Petitioners Versus State of Haryana & others .......Respondents CORAM:- HON'BLE MR.JUSTICE M. M. KUMAR HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sachin Mittal, Advocate for the petitioners. Mr.Kamal Sehgal, Additional Advocate General, Haryana. Notes: 1) To be referred to the reporters or not? 2) Whether the judgment should be reported in the Digest? --- M.M. KUMAR, J. The petitioners have approached this Court with a prayer for quashing the order dated 21.1.1987 issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and the declaration made on 14.10.1987 under Section 6 of the Act. It is conceded as a fact that the possession of land was taken without issuing any notice under Section 9 of CWP No.11703 of 2009 /2/ the Act nor any award has been passed granting compensation to the petitioners in accordance with the provisions of the Act. All that is being said in the written statement is that the land in question was given free of cost for widening of the drain. There is nothing on record to support the assertion of the respondent-State. In view of the above, notifications dated 21.1.1987 and 14.10.1987 are declared to have lapsed. There could not be any acquisition of land in the eyes of law. However, possession was taken in the year 1987. Therefore, the petitioners shall be entitled to compensation for occupation and use of the land by the respondent-State from the year 1987 till the State decide to acquire the land by issuing notification under Section 4 of the Act by initiating fresh acquisition proceedings or hand over the possession of the land back to the petitioners. The compensation for possession of land at the rate prevalent from time to time from the date of taking possession in the year 1987 till the issuance of fresh notification under Section 4 of the Act and the acquisition of land in accordance with the provisions of the Act or till the date of delivering possession back to the petitioners. The compensation from the date of taking possession till 31.12.2009, however, shall be calculated and paid to the petitioners within a period of three months from the date of receipt of copy of this order. The rest of the compensation for use and occupation of the land shall be calculated from 1.1.2010 till the date of issuance of notification under Section 4 of the Act or handing over the possession back to the petitioners. The petitioners are given liberty to move an appropriate application in case no proceedings under Section 4 of the Act are initiated or possession not handed over in the alternative; or the compensation is not paid to them. CWP No.11703 of 2009 /3/ The petition stands disposed of in the above said terms. ( M. M. KUMAR ) JUDGE ( JITENDRA CHAUHAN ) JUDGE January 15, 2010 SRM