Arbitrary Land Acquisition under Land Acquisition Act 1894 without Notice, without an opportunity of hearing.

Will someone please help ?

While I was serving in the Armed Forces of the Union of India, I had purchased in 1989,a plot of 500 square yards in Village Nangal Sodian, Tehsil Kalka, then in District Ambala (later it came in Distt Panchkula),Haryana, India. I was looking forward to constructing a house after my retirement .To safeguard my plot I had constructed a Boundary wall of six feet height and bricked enclosure for convenience in the Plot. After my retirement, in October 2010, I visited my plot and found that in the Locality a number of houses had come up, and persons were staying in these houses. To the left of my plot a house had come up. There were houses all over to the left, right, front and at the back of my plot separated by a few yards. I was surprised to see a Signboard implanted in the middle of my Plot that this Land belongs to Haryana Urban Development Authority (HUDA). I learnt from the neighbor owning Plot No. 2 that my plot number 3 had been acquired by the State of Haryana for HUDA for the Public Purpose of developing the area for residential sectors of HUDA in 2008 and an award had been passed on 24 September 2010 under the Land Acquisition Act 1894. That others Plots viz Plot Numbers 2,13,15,16,17,19,27,33,37,38,42,56, 73,74, and many at the back, right and diagonally opposite to my plot had been spared/released from acquisition as these persons had connections and in the case of a few the Notifications under Section 4, 6 and award under Section 11 had been quashed by the Honble Punjab and Haryana High Court. May be the houses that had been constructed prior to the Notification under Section 4 of LA Act 1894 were spared. How could I have constructed a house when I was serving away in the Defence Forces and later in the Central Government Body as the Director. (What ever I had constructed thereat like Boundary Wall and enclosure for convenience was also reduced in size due to people carrying away Bricks. The Plot Numbers 4 and 5 belong to my two younger brothers still serving in the Armed Forces at Colonel Rank and DSP rank. Even their plots came under acquisition. All our plans to stay together seem to have been dashed. Today I realize that those who serve in the Defence Forces are invariably made losers as no one listens to them . I have been representing to all after I came to know of the arbitrary, without Notice without an opportunity of hearing of our plots but officially only on 15 June 2012 I have been sent a one page status report of the Land Acquisition Officer which conveys that our plots form part of the acquired Land. There is no answer as to why we were not notified and why were we denied the opportunity of hearing. Our full

address and the fact of we being in the Defence and Para Military forces was in the Jamabandi records of the Revenue Department. If we had put Nation before self at least our property should have been safeguarded by the State of Haryana and not taken away at our back. What message it sends to the young men aspiring to serve in the Defence Forces. It is well known that many states in India allot Land to the Defence Personnel but Haryana has chosen to deprive us our small parcels of Land. We appeal to all and to the Chief Minister of Haryana to please restore our pieces of Land back to us or allot to us plots of same size in the vicinity of the area in lieu. I cannot purchase any land at the prevailing prices. Since I never came to know about the local Notification under Section 4 of LA Act 1894, being away from Haryana , nor the two dailies circulating in the Locality could have reached so it was no fault of mine. Similarly I never came to know of the declaration under Section 6 of the LA Act nor was informed of the same. I have been representing to one and all since there was no certainty as to whether my plot had been acquired I wrote to the Deputy Commissioner of Panchkula who kept writing to the Land Acquisition Officer to give the Report on the non service of Notices, denial of an opportunity of hearing but after two years of correspondence all he has written to Deputy Commissioner on 05 June 2012 that under Section 4 and 6 my plot is part of the acquired Land, that award under Section 11 passed on 24 September 2010 till date not been received by the applicant.( I was not at all informed either of Notification, declaration or the sated award , denied the opportunity to contest the acquisition while having been denied even an opportunity of filing objections and of being heard). The letter further reveals that the possession of our plots was handed over to HUDA on the same date viz on 24 September 2010. This was nothing new as from the Web search, after I saw the HUDA Board on our Plots in October 2010, I had found out that the Notification under Section 4 was issued on 26 September 2007, and the declaration under Section 6 was issued on 25 September 2008 and the Award under Section 11 was statedly passed for the areas on 24 September 2010. This I learnt specifically as these Notification, Declaration and Award had been quashed by the High Court of Punjab and Harayana concerning the Land of the owner of Plot No. 2, the Petitioner in CWP No. 15150 of 2010 decided on 05.05.2011. This Plot Number 2 falls in the same khewat / khatauni, Khasra and to the same extent situated at village Naggal Sodhian, tehsil Kalka,district Panchkula. The Hon'ble High Court had observed in the said Judgment that:"...Such like hostile ground to discriminate amongst the land owners has adversely been commented upon by the Honble Supreme Court in Hari Rams case (supra). Case of the petitioners is squarely covered by the ratio of the judgment in that case...In view of facts mentioned above, we allow this writ petition..."

The issuance of Notice was important as many States in India have issued circulars drawing attention of all the officers to Sub Section (1) of Section 4 and Sub Section (3) of Section 5A of the Land Acquisition Act 1894 clearly laying down that the copies Notification under Section 4(1) should be served on the owner, or where the owner is not the occupier, on the occupier of the land and also clearly define as to who are all the persons interested but my State Haryana has denied to me even an opportunity of hearing. Will some one take up the matter with Chief Minister of Haryana?

I have exhausted all channels available to me. I have been forced to stay in a rented house after my retirement, ill affording it. I read in the Newspapers that even the Hon'ble Supreme Court has also observed that the entire acquisition proceeding in Kalka Pinjore Project ( where our Plots are located) deserves to be quashed. I have been representing so far to the executive but no one has cared for my Voice .My Voice has been unheard so far. I pray to all of you to kindly take up my case and get our pieces of Land restored to us. With regards,

Yours Sincerely, Wing Commander ( Dr) Sushil Kumar chairmanindianhistory@gmail.com