IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.17460 of 2009(O&M) Date of decision: 4.10.2010 Sat Pal and another …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Shailendra Jain, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Mr.Arun Wala, Advocate for HUDA Jasbir Singh, J. (Oral) This order will dispose of three writ petitions bearing CWP Nos.17460 of 2009, 17484 of 2009 and CWP No.245 of 2010, involving similar questions of law and facts. For the purpose of dictating order, facts are being mentioned from CWP No.17460 of 2009. This writ petition has been filed with a prayer to quash notification, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) on 25.1.2008 (P5), proposing to acquire 1.79 acres of land for ‘residential and Sector Road, Sector 52 part at Gurgaon’. Land of the petitioners falls in khasra No.771. Further challenge is to a notification dated 23.1.2009 (P8), issued under Section 6 of the Act. The petitioners have also laid challenge to an order dated 12.8.2009 (P11), ordering to acquire 65 sq.yards area of land of the petitioners. Civil Writ Petition No.17460 of 2009 As per facts on record, the notification under Section 4 of the Act was issued to acquire land falling in khasra Nos.566/1/2/2 (0-4-7)), 770 min (1-9-0), 771 (0-8-0), 772 (0-8-0), 810 (0-2-0), 811 min (0-6-0). Dispute in these three writ petitions primarily pertains to khasra Nos.770, 771 and 772. As per records, earlier also the petitioners came to this Court by filing CWP No.6462 of 2009, which was disposed of by this Court on 29.4.2009. Relevant portion of the order reads thus:- “This petition seeks quashing of notification under Sections 4 and 6 of the Land Acquisition Act, 1894 dated 25.1.2008 and 23.1.2009, acquiring the land of the petitioners for a road. Learned counsel for the petitioners submits that as per site plan, Annexure P14, the area required for the road is very less whereas much more area is included in the acquisition without application of mind. This is a matter which can be considered and decided by respondent No.1 Without expressing any opinion on merits, we direct that if the petitioners make a representation within one month from today, decision thereon be taken by respondent No.1 within two months, thereafter, by passing a speaking order.” Thereafter, the matter was taken up by the Financial Commissioner and Principal Secretary to Government of Haryana, Urban Estates Department and after giving an opportunity of hearing to the petitioners and also to the Department, out of the total land measuring 4386.25 sq.yards, proposed to be acquired, an area measuring 2519.25 sq.yards was left out of acquisition. It was also found, as a matter of fact, that area measuring 1867 sq.yards falls in the road alignment. Regarding 65 2 Civil Writ Petition No.17460 of 2009 sq.yards area, it was specifically stated that this area falls on the road opposite to the village abadi and cannot possibly be used by the petitioners along with their land, situated on village side, which was left out of acquisition. Relevant portion of the order passed reads thus:- “On going through the Layout Plan furnished by the DTP, Gurgaon, it is observed that the balance land of the petitioners not falling under the road alignment is almost entirely located towards the village except for a small triangular pocket on one side measuring 65 square yards. The land towards the village adjoining the land under acquisition also belongs to the petitioners being part of khasra No.770 of which only a main part has been notified under Section 4. The pocket of land of which the petitioner’s land is a part, is towards the East side of the 18 meter road land consists entirely of the village abadi and is contiguous to the petitioner’s land. Shri Nadeem Akhtar, STP, HUDA states that HUDA can utilize this land for carving out the residential plots. While it is true that in the notification issued under Section 4 of the Land Acquisition Act, the public purpose for which the land has been proposed to be acquired also mentions residential, the location of the land for forming part of the 18 meter road is such that it is a small pocket adjoining the existing village abadi. It is also significant to note that in the acquisition proceedings initiated on 5.5.1997, the petitioners’ land including the land coming under 18 meter wide road, had been released keeping in view the residential 3 Civil Writ Petition No.17460 of 2009 structures located on this land. It needs to be noted that in 1997, there was no system for preparing the internal circulation plan of the Sector in advance and at that stage it was not in the knowledge of authorities that a road would be passing through the land of the petitioner. Therefore, 2454.25 square yards land which is forming part of Pocket ‘C’ is an isolated pocket adjoining the village abadi which can not be easily integrated into the Layout plan. A small pocket of land (Pocket B) located on the other side of the road will get de- linked from the petitioners’ land once the land for the road is acquired. Therefore, taking into account the prime necessity of constructing the left out portion of the road to establish connectivity on either side and also the request made by the petitioners, it is recommended to acquire/ release land as follows:- 1. 1867 square yards, which form part of the 18 meter wide road, be acquired. 2. 65 square yards of land located in isolation across the road (pocket B) be also acquired. 3. 2519.25 square yards of land falling out side the road and adjoining the existing village abadi (Pocket C) be released. Site Plan is attached at Annexure A. Director, Urban Estates is advised to put up the above mentioned proposal on file for obtaining approval of the Government.” 4 Civil Writ Petition No.17460 of 2009 With this order, site plan (Annexure A) was also annexed, which clearly indicates that area proposed to be acquired falls between khasra No.772 and the road alignment. Khasra No.772 is also under acquisition and possibly, if area falling in that khasra No. is also allowed to be acquired, 65 sq.yards area of land of the petitioners can be amalgamated with the same and can be used for any purpose. Contention of counsel for the petitioners that the area was proposed to be acquired only for the purpose of carving out a road does not appear to be correct because as per notification issued under Section 4 of the Act, purpose was clearly mentioned as ‘residential and Sector Road, Sector 52 part at Gurgaon’. The Financial Commissioner, in his order dated 12.8.2009, clearly mentioned that rest of the area can be used by the acquiring authority for the purpose of carving out the residential plots. We have seen the situation, as depicted in the site plan (Annexure A) and are satisfied that if area measuring 65 sq.yards is ordered to be left out of acquisition, it will not be possible, in future, for the authorities concerned to widen the road, if need be, because that area falls just at the edge of the proposed road. It is an admitted fact that land of the petitioners was proposed to be acquired for residential purpose in the year 1997, however, taking note of the situation existing at that time, the same was released from acquisition. It is argued by the counsel that in view of that fact land can not be acquired. We cannot subscribe to the argument because in the order Annexure P4, when land was released from acquisition, it was released subject to a condition that in future, the acquisition proceedings can be carried out in accordance with the planning. It is not in dispute that thereafter the overall planning for city Gurgaon was prepared and sector road was proposed to be 5 Civil Writ Petition No.17460 of 2009 carved out in that planning. If that is so, the petitioners cannot now say that their land cannot be acquired. In view of above, reliance of counsel for the petitioners upon Roshan Lal and others v. State of Haryana and others, CXXXV (2003-3) Punjab Law Reporter 199 is not justified because the land is now being acquired for carving out a planned road. So far as CWP No.17484 of 2009 is concerned, we have gone through the site plan (Annexure A), put on record with the order passed by the Financial Commissioner on 12.8.2009 (available on the record of CWP No.17460 of 2009) and are satisfied that the construction raised by the petitioners therein falls in the road alignment, only tin shed etc. and small constructed portion falls outside, which we feel possibly cannot be left out from acquisition. So far as land falling in khasra No.772 is concerned, which is owned by the petitioners in CWP No.245 of 2010, we are of the opinion that as per site plan, mentioned above, the same has also rightly been acquired. No case is made out for interference. Accordingly, the aforesaid three writ petitions stand dismissed. (Jasbir Singh) Judge 04.10.2010 (Augustine George Masih) gk Judge 6