The Supreme Court has quashed the Haryana government’s 1989 declaration for acquisition of 13 kanals of land in Panipat for HUDA as the order had been issued without waiting for the Collector’s report on the landowners’ objections and ignoring the fact that there were buildings on the land. A Bench comprising Justices GS Singhvi and C Nagappan passed the order on an appeal filed by Ashok Kumar (since dead) and others, challenging the Punjab and Haryana High Court verdict rejecting their plea. The HC had dismissed their petition on the premise that the land acquisition officer (LAO) had already passed the award and symbolic possession of the acquired land had been taken and was delivered to the beneficiary - Haryana Urban Development Authority (HUDA). Holding that the HC had committed a “serious error,” the SC said both the state government and HUDA had not produced any document to show that possession of the acquired land had been taken from the appellants. Further, the Additional Director, Urban Estate, Haryana, had acknowledged that the landowners had raised constructions before the issue of the notification on May 2, 1988, under Section 4 and the declaration on May 1, 1989, under Section 6 of the Land Acquisition Act 1894, the apex court noted. The state government and HUDA had also failed to explain as to how the declaration under Section 6 could be made five months prior to the submission of the report by the Collector on September 25, 1989. Besides, the compensation award was passed on December 28, 1999, much after the two-year deadline from the date of declaration, the apex court held. The state government had issued a notification on December 15, 1982, for acquisition of 13 kanals and four marlas of land belonging to the appellants and made the declaration under Section 6 on February 23, 1985. After two years and eight months, the state government withdrew the acquisition proceedings. However, it issued a fresh notification on May 2, 1988.