IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1581 of 2011 Date of decision: 28.1.2011 Gautam Sharma 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.Naveen S. Bhardwaj, Advocate for the petitioners Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash a notification dated 9.12.2010, issued under Section 4/17 of the Land Acquisition Act, 1894 (in short, the Act), to acquire land measuring 2.35 acres, including 1 kanal land owned by the petitioners, for a public purpose i.e. to construct by-pass road along with sectors 35 to 59, Faridabad. Further challenge has been made to a declaration, issued under Section 6 of the Act on 15.12.2010. Heard counsel for the petitioners. It is apparent from the records that to construct by-pass road, land was acquired earlier. However, due to some misconception, four pockets, which otherwise falls within the road alignment, were left out of acquisition. It is very clear from the notification, now issued, that on account of those left out pockets, construction of the road is stalled. Counsel for the petitioners has failed to show malafide on the part of the Civil Writ Petition No.1581 of 2011 authorities to acquire their land. No case of discrimination is also made out. Once the land of the petitioners falls within road alignment and the green belt to be left on its both sides, no benefit can be given to the petitioners in this writ petition. Dismissed. (Jasbir Singh) Judge 28.01.2011 (Rakesh Kumar Garg) gk Judge 2