CWP No.10293 of 1990 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10293 of 1990 Date of decision: 21.3.2011 Bharat Bhushan Khera ......Petitioner(s) Versus The State of Haryana and others ......Respondent(s) CWP No.4912 of 1990 Jal Kaur ......Petitioner(s) Versus The State of Haryana and another ......Respondent(s) CWP No.4930 of 1990 M/s Seema Engineering Works, Khandsa ......Petitioner(s) Versus The State of Haryana and another ......Respondent(s) CWP No.5156 of 1990 Lok Nath ......Petitioner(s) Versus The State of Haryana and another ......Respondent(s) CWP No.5642 of 1990 The Malt Company (India) Private Limited ......Petitioner(s) Versus The State of Haryana and another ......Respondent(s) CWP No.5976 of 1990 Jagmal Singh ......Petitioner(s) Versus The State of Haryana and another ......Respondent(s) CWP No.10293 of 1990 2 CWP No.7092 of 1990 Shri R.C. Arora & another ......Petitioner(s) Versus The State of Haryana and another ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Amit Jain, Advocate, for the petitioner(s). Mr. Kamal Sehgal, Additional Advocate General, Haryana. Mr.Kamal Sharma, Advocate and Mr. Manish Bansal, Advocate for HUDA. Rakesh Kumar Garg, J. This judgment shall dispose of 7 writ petitions i.e. CWP No.10293, 4912, 4930, 5156, 5642, 5976, 7092 of 1990 as prayer to quash the proceedings to acquire the land of the petitioners has been made on similar grounds. For the sake of convenience, the facts are being taken from CWP No.10293 of 1990. As per the averments made, respondent No.1 issued notification dated 16.12.1988 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') whereby land measuring 666.65 acres belonging to village Khandsa, Kadipur and Naharpur Rupa, Tehsil and District Gurgaon was notified for a public purpose i.e. for the development and utilization of land as Industrial Area (Sector 37 at Gurgaon). Notification under Section 6 of the Act was made on 14.12.1989 whereby the State Government decided to acquire 461.50 acres of land including the lands of the petitioners belonging to the aforesaid villages. During the course of hearing, Sh. Kamal Sehgal, Additional CWP No.10293 of 1990 3 Advocate General, Haryana, has pointed out that the impugned notifications in the present petitions have been upheld by this Court in CWP No.3611 of 1990 (Roopwati and others v. The State of haryana and others) decided on 17.3.2011 and in view thereof, the present writ petitions, which are covered by the aforesaid decision, are liable to be dismissed. We have perused the judgment cited by Sh. Kamal Sehgal and have also perused the averments made in the present writ petitions. We are satisfied that the instant writ petitions are covered by the aforesaid decision of this Court. Learned counsel appearing on behalf of the petitioners could not make out a case to distinguish the aforesaid judgment. It is the petitioners' own case that constructed portions of their plot was not acquired and only open courtyard of their plot which was lying vacant has been acquired. Even the counsel for the petitioners was unable to point out any document on record on the basis of which discrimination against them could be proved. There is absolutely no evidence on record on the basis of which acquisition proceedings under challenge could be set aside. In view of the aforesaid discussion, we find no merit in these writ petitions and the same are dismissed. (JASBIR SINGH) (RAKESH KUMAR GARG) JUDGE JUDGE March 21, 2011 ps