IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14307 of 1990 Date of decision: 18.1.2011 Asha Garg and another …..Petitioners versus State of Haryana and another ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Anand Kumar Bishnoi, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash notifications, issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act) on 10.6.1988 and 7.6.1989 respectively, proposing to acquire a vast tract of land, including land owned by the petitioners measuring 3 kanals 14 marlas. In this writ petition, it is case of the petitioners that after getting ‘change of land use’ certificate, they have set up a small scale industrial unit in the land in question. It is further stated that the factories and residential houses owned by many others were released from acquisition, whereas the above said relief was not granted to them, despite objections raised in that regard. Prayer is made for quashing the notifications, mentioned above, qua the land owned by the petitioners. Civil Writ Petition No.14307 of 1990 In reply filed, it is specifically stated that on objections raised by the land owners under Section 5-A of the Act, where ever it was possible, the construction existing at the time of issuance of notification under Section 4 of the Act has been adjusted. So far as land of the petitioners is concerned, it is stated that it was not possible to adjust the construction raised by them. Heard. It appears from the record that Permanent Lok Adalat of this Court, on 19.10.2005 directed the respondent-authorities to file an affidavit whether it was possible to adjust factory unit of the petitioner in the development plan. In response thereto, an affidavit of Satbir Singh Kundu, HCS, Land Acquisition Officer, Urban Estates, Haryana, Faridabad was filed in Court on 13.1.2006. Paragraph No.3 of the affidavit reads thus:- “That in this matter a report from the District Town Planner, Faridabad has been obtained vide his letter No.3444 dated 22.11.2005 vide which it has categorically been mentioned that the land of the petitioner comprised of Rect No.61, killa No.20/4 and 21/3 has already been planned into road and parking of Sector 59 Faridabad. The land in dispute has been marked on the part layout plan by the District Town Planner which is attached as annexure R-1 for kind perusal of the Hon’ble Court. Hence, in view of said technical report of DTP, the land in dispute should not be released.” Site plan was also annexed with the above said affidavit. In view of a fact that land owned by the petitioners falls in the road alignment and also is part of parking area reserved in sector 59, Faridabad, counsel for the petitioners has failed to make out any case of discrimination. It is his 2 Civil Writ Petition No.14307 of 1990 contention that once ‘change of land use’ certificate has been granted, it is not open to the authorities to acquire their land. We are not inclined to accept the above said contention. As per development plan, land has been acquired to be used for construction of the road and to develop the parking area. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 18.01.2011 (Rakesh Kumar Garg) gk Judge 3