Judgment:
Mahinder Narain, J.
(1) Rule B B. No reply has been filed to the writ petition, but the petition is stated to be the same as in Civil Writ Petition No. 3606 of 1995. We have heard the parties.
(2) Contention of the petitioner that they have not been paid compensation for the acquisition of the land, is not disputed in the reply. In our view, there can be no acquisition without the payment of the compensation which is payable upon making of the award. In this case, the land was notified for acquisition by notification dated 13.11.59u/S 4 of Land Acquisition Act. Vide Award No. 20-B/75-76 (Suppl.) dt. 16.9.1985, market value was determined. Possession of the land was not taken, because, it is alleged, that there arc construction upon it, and the policy matter regarding taking of possession of such land is still under consideration.
(3) We do not think that the above said consideration of policy can be an excuse for the breach of law for acquisition of land.
(4) No person can be deprived of his property save the authority of law. The procedure for acquisition of land is provided in Land Acquisition Act, and as the provisions of the Act regarding payment of awarded amount have not been complied with, compensation admittedly not having been paid, this petition has to be allowed, and acquisition proceedings set aside.
(5) The petition is allowed. The lands in question, that is to say khasra No. 1025/665. 667. 672, 3112/683, 3114/684 and 3115/690, measuring 4 bighas and 6 bighas situated in in the revenue estate of village Chandrawali, are declared to be free from acquisition notices and proceedings arising there from.