Ram Kumar and others vs State of Haryana and others

Hemant Gupta, J.—The petitioners'' land measuring 2 Kanals is subject matter of acquisition vide notification dated 03.06.2010 u/s 4 of the Land Acquisition Act, 1894 (for short ''the Act'') and the notification dated 10.12.2010 u/s 6 of the Act. The said land is part of the land, sought to be acquired for construction of providing services road of Kakoria Distributory from reach KM 5.515 to KM 7.250 in village Lisana, Bikaner, Gangaicha Ahir, Ghorkawas and Kakoria, in Tehsil and District Rewari. It is averred by the petitioners that petitioner Nos.1, 2 and 5 are illiterate, whereas petitioner Nos.3 and 4 are not living in the village. During the course of arguments, learned counsel for the petitioners has stated that petitioner No.3 is an Executive Officer in the Market Committee and petitioner No.4 is a Teacher in the State of Haryana.

The grievance of the petitioners is that the notification u/s 4 of the Act is stated to be published in Hindi newspaper ''Hari Bhoomi'' and ''The Pioneer'' English newspaper, which have no circulation in the locality, therefore, the intention of the publication of the notification, as required by Section 4 of the Act, is not satisfied. Since the publication was not proper, the petitioners could not submit objections u/s 5-A of the Act. It is also pleaded case of the petitioners that the petitioners have received notice dated 21.12.2010 u/s 9 of the Act and that the Award was announced in respect of the land situated in village Kakoria on 12.08.2011 (Annexure P-7). The petitioners made representation dated 09.08.2011 (Annexure P-10) to the Energy, Forest & Environment Minister and to the Chief Engineer dated 22.08.2011 (Annexure P-8) and again representation to the Electricity & Forest Minister on 23.11.2011 (Annexure P-13). In none of the three representations mentioned above, there is any assertion that the publication of the notification u/s 4 of the Act was not made in the manner as contemplated by law or that the petitioners were not aware of the intention of the State Government in respect of the acquisition of the land. The objection raised was that the construction of the Distributory should be stopped two acres short of the land of the petitioners.

In the short reply filed by way of affidavit of Executive Engineer, Construction Division No.33, Rewari, it has been stated that the acquisition of land is meant for construction of extension of Kakoria Distributory to provide irrigation facilities to the farmers/inhabitants of the village of the petitioners and other adjoining villages. After announcement Civil Writ Petition No.4683 of 2012 3 of the Award and granting compensation to the land owners, possession of the land was taken over on 12.08.2011. It is pleaded that the total length of the Distributory is 1735 meters and the work in the length of 1645 meters has been completed.

In the remaining 90 meters length, 45 meters kacha channel has been excavated, whereas remaining 45 meters is yet to be excavated. Thereafter, brick lining would be completed. In the written statement filed on behalf of the other respondents, it is pointed out that the notification u/s 4 of the Act was published in the Gazette, in the newspapers and also the substance of the notification was pasted on the notice board of Halqa Patwar Khana and the Tehsil Office. Munadi was also done by the village Chowkidar by beat of drum in the village and in the vicinity of the land to be acquired. The entry of notification was also made in the Roznamcha Wakayati Halqa Patwari. It is also pleaded that the Distributory is to be constructed at the cost of Rs.651 Lac for providing irrigation facilities to the fields of village Kakoria and Bhurthal Thether of Tehsil and District Rewari. For this purpose, land measuring 7.456 acres was acquired. After completion of this scheme, as many as 420 acres of agricultural land would be irrigated. Out of 314 land owners of five villages, the petitioners who are owners of 2 Kanals of land alone have raised objections and none of the other land owners have raised any objection with regard to acquisition proceedings. Still further, the petitioners have not filed objections to the notification u/s 4 of the Act and have approached this Court after announcing of the Award, even though notice u/s 9 of the Act was, admittedly, received by the petitioners in the month of December, 2010.

Civil Writ Petition No.4683 of 2012 4

We have heard learned counsel for the parties and find no merit in the present petition. Whether a particular newspaper has circulation in the locality or not, cannot be decided by this Court as a Court of appeal over the decision of the appropriate Government. Apart from the publication in the newspapers, required in terms of Section 4 of the Act, the publication has been made in the official Gazette, the substance of which was recorded in the Roznamcha Wakayati Halqa Patwari. Munadi was also done through village Chowkidar by beat of empty drum in the locality. Even if three of the petitioners are illiterate, the petitioners could very well file objections after the publication was made by beat of drum in the locality. Since no objection was filed, notification u/s 6 of the Act was published. The substance of the declaration was again published in two daily newspapers i.e. ''Aaj Samaj'' (Hindi) as well as ''The Hindu'' (English). The substance of the declaration was also pasted on the notice board of the Halqa Patwar Khana and the Tehsil Office.

The acquisition is for a larger public interest in as much as the Distributory is required to be constructed for providing irrigation facilities to land measuring more than 400 acres. The petitioners are owners of only 2 Kanals of land and the only one, who are raising objections to the acquisition. Consequently, we do not find any merit in the present petition. The same is dismissed.