Case: THE STATE OF HARYANA Vs. SUNDER LAL

On the date of passing of award, according to appellants, possession had been obtained and handed over to the representative of Haryana Urban Development Authority (for short, ‘HUDA?) vide Rapat No.583. The compensation has admittedly been collected by the respondent vide cheque no.191045 dated 31.7.2003.3. The respondent herein filed a writ petition in the year 2015 in the High Court of Punjab & Haryana at Chandigarh. He has set up the case that he owned the land measuring two Kanal. The same was acquired by the issuance of Notification under Section 4 of the Land Acquisition Act, 1894 and the award was also passed. Compensation has been obtained. However, the acquisition has lapsed as per provisions contained in Section 24(2) of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013?), as the possession has not been taken. He has constructed residential houses and shops.4. The High Court by the impugned judgment and order has held that the two constructed rooms existed admeasuring 15?x12? and 18?x12? with boundary wall in Khasra No.16//23/1/2(2-0). Though the State has claimed that the possession had been taken, there is no proof that the respondent was physically dispossessed. The Act of 2013 has come into force on 1.1.2014. The State may, if needed, acquire the property again for a public purpose. The development has not been undertaken so far. Owners of such land/property are entitled to compensation under the Act of 2013. Direction has been issued to Land Acquisition Collector, Gurgaon to determine the total amount to be refunded by the respondent within one month. Aggrieved by the same, the appeal has been preferred by the State of Haryana.

Reasoning:
8. The drawing of panchnama of taking over of possession is not disputed. However, it was submitted that since there were two rooms, possession could not have been taken over in the manner in which it is stated in the aforesaid panchnama.9. It is a settled proposition of law that when the State acquires the large tract of land and draws the panchnama of taking possession, the same is enough for taking possession of the land. In the instant case not only the panchnama had been drawn, State has taken the possession by marking the land and a watchman was also posted to look after theare of the considered opinion that possession has been taken as is apparent from the memorandum dated 21.7.2003 placed onmost of these structures have been erected subsequently. Even if there were two outhouses in existence at the time of issuance of Notification under Section 4 of the Land Acquisition Act, 1894 in the shape of rooms admeasuring 15x12 and 18x12 and boundary wall, obviously it was not meant for the residential purposes, but meant for agricultural purposes. It appears that once possession had been taken after making a trespass upon the land, construction has been raised. Most of these structures were not in existence as per the finding recorded by the High Court. Thus, the site plan rather than espousing the cause of the respondent, defeats the same. Once possession had been taken and compensation has been admittedly collected by the respondent, it was not open for him to apply for de-notification of land under Section 48 of the Land Acquisition Act, 1894 or for its release.20. The submission raised that land of two other incumbents has been released in 2006 and 2014, is of no avail. There is no concept of negative equality and the respondent cannot be permitted to take advantage of his wrong. The land had been acquired and thereafter respondent has trespassed upon the land and has raised construction, in completely illegal manner. He is not entitled to protect it. Based on such encroachment, he is not entitled to release of the land.21. It cannot be said that land acquired is unutilised land, as a matter of fact, lot of development has taken place as there is encroachment made, as such, land could not have been utilised and by making unwarranted interference by the High Court, the acquisition was ordered to be quashed. We are of the opinion that the prayer made by the respondent to apply for releasing the land as per the Notification dated 14.9.2018, cannot be entertained. The respondent cannot be given such a right as he has not come to the Court with clean hands. He is an encroacher and cannot be said to be entitled to any indulgence.22. It is apparent that acquisition has attained finality, the award was passed, compensation was collected and possession was taken long back in the year 2003.