IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.6214 of 2010 Date of decision: 22.03.2011 Lakhan Singh and others …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Mohit Garg, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash a notification, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) on 12.12.2008, proposing to acquire a vast tract of land, for a public purpose, namely, ‘for development of Industrial Sector 5-A, Dharuhera, Rewari’. Further challenge has been laid to a declaration, issued under Section 6 of the Act on 16.12.2009. Petitioners are the owners of 8 kanal 9 marela of land. At the time of first hearing on 6.4.2010, following order was passed by this Court:- “Learned counsel for the petitioners has contended that according to the policy dated 26.10.2007, any constructed area prior to the notification issued under Section 4 of the Civil Writ Petition No.6214 of 2010 Land Acquisition Act, 1894 (for brevity the ‘Act’) and is inhabited, need not to be acquired. The aforesaid factual position is clear from the perusal of the report (Annexure P-4) of the Land Acquisition Collector prepared under Section 5-A of the Act. Notice of motion. Ms.Palika Monga, DAG, Haryana accepts notice on behalf of the respondents. Learned counsel for the petitioners undertakes to supply five copies of paper book to the learned State counsel during the course of day. Liberty is granted to the learned counsel for the petitioners to file an appropriate application as and when notice under Section 9A of the Act is issued. List again on 11.5.2010.” Thereafter, reply was filed and on 1.11.2010, following order was passed:- “It is an admitted fact that the petitioners raised construction before the issuance of notification under Section 4 of the Land Acquisition Act, 1894, which falls in the green belt. The State counsel is directed to get instructions whether in the acquisition in question, any other construction falling in the green belt was released from acquisition or not. Affidavit of the Land Acquisition Collector, be filed before the next date of hearing. On request, adjourned to 22.12.2010.” 2 Civil Writ Petition No.6214 of 2010 In response thereto, an affidavit of Shri S.K.Chahal, HCS, Land Acquisition Collector, Urban Estates, Haryana at Gurgaon, was filed. Relevant contents of the said affidavit read thus:- “1. That the above mentioned civil writ petition is listed for hearing on 22.12.2010 before the Hon’ble Court wherein the petitioners have challenged the notification dated 12.12.2008 u/s 4 of the land acquisition act 1894. 2. That land in dispute was declared u/s 6 vide notification No.LAC(G)N.T.L.A-2009/1521 dated 11.12.2009 for the public purpose as mentioned in the notifications which are under challenge. 3. That as per lay out plan, the part of land in dispute is falling in the alignment of service road and green belt of Sector 5-A at Dharuhera Tehsil and Distt.Rewari. 4. That the land of the any persons which falls in the alignment of service road and Green Belt has not been released by the State of Haryana in acquisition proceedings.” In the written statement and also in the affidavit now filed, it is specifically stated that the land owned by the petitioners falls in the alignment of the service road and the mandatory green belt to be left next to the said road. It is also clearly stated in the affidavit that no other land, which falls in the service road alignment and the green belt, has been left out of acquisition. Besides as above, counsel for the petitioners has failed to show any other illegality or infirmity in the notifications under challenge. No case is made out for interference. 3 Civil Writ Petition No.6214 of 2010 Dismissed. (Jasbir Singh) Judge 22.03.2011 (Rakesh Kumar Garg) gk Judge 4