2011 (4) TMI 1559

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....No.87/5, 88, 90, and 232 in Sarai Badli and plot No.580/5 and 602/1 in Ibrahimpur Danda) were included in the said acquisition; that in 1995 when he got his other lands measured, he found that his plots bearing Nos.27, 57, 58, 450, 451 and 452 (new numbers 103, 90, 93/1, 232/2, 231/2 and 229/5) measuring 0.7068 Hectare had been illegally and unauthorisedly used for constructing the road. On enquiry by the Lok Ayukta, the Addl. District Magistrate (Land Acquisition) informed that there was a possibility of the acquired lands being left out and the road being constructed in the adjoining lands which were not acquired. On the other hand, the concerned Executive Engineer, PWD, informed the Lok Ayukta that the Khasra numbers in respect of which ....

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....g that the remedy lies under Section 18 of the Act. An application seeking reference to court under Section 18 of the Act would lie only where the land-holder is aggrieved by the award made by the Land Acquisition Collector in regard to land acquired under the provisions of the Act, either with reference to quantum of compensation, or the measurements of the land, or the persons shown as being entitled to compensation. An application under section 18 of the Act cannot be filed in regard to a land which was not acquired at all. The remedy of a land holder whose land is taken without acquisition is either to file a civil suit for recovery of possession and/or for compensation, or approach the High Court by filing a writ petition if the action....

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....y highhanded, arbitrary or unreasonable action of the officers of the State and there is a need to examine disputed questions relating to title, extent and actual possession. But where the person aggrieved establishes that the State had highhandedly taken over his land without recourse to acquisition or deprived him of his property without authority of law, the landholder may seek his remedy in a writ petition. When a writ petitioner makes out a case for invoking the extra ordinary jurisdiction under Article 226 of the Constitution, the High Court would not relegate him to the alternative remedy of a civil court, merely because the matter may involve an incidental examination of disputed questions of facts. The question that will ultimately....