IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5567 of 1994 DATE OF DECISION : 11.12.2009 Karnail Singh .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Jaswant Jain, Advocate, for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana, for the respondents. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the notifications dated 21.3.1991 (Annexure P-2) and 18.3.1992 (Annexure P-4), issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act'). Vide these notifications, the State of Haryana had acquired 441.45 acres of land for a public purpose, namely, for the development and utilization as residential in Sector 16 and parts of Sectors 11, 13, 15 and 17 of Hisar. These notifications have been challenged on the ground of discrimination and procedural irregularity. It is stated that certain land of the similarly CWP No. 5567 of 1994 -2- situated persons was left from acquisition and the objections filed by the petitioner under Section 5-A of the Act were not decided. Undisputedly, the petitioner is one of the co-sharers in the land measuring 168 Kanals 11 Marlas, which has been acquired by the aforesaid notifications. He has filed the instant writ petition for quashing the acquisition pertaining to the land bearing rectangle No. 247 Killa Nos. 26 and 27, alleging that in these two Killas, some A class construction of the petitioner were existing prior to issuance of notification under Section 4 of the Act. In the written statement, it has been categorically stated that on the objections filed by the petitioner under Section 5-A of the Act, notice of hearing was served on the petitioner and after providing him an opportunity of hearing, his built up area measuring 650 square yards with proportionate vacant area (total area of 2 Kanals 4 Marlas) has already been left out from the acquisition. It has been further stated that the vacant area of the petitioner was situated far away from the Abadi, therefore, the same could not be found fit for release from acquisition. It is also conceded position that this writ petition was filed on 2.5.1994 i.e. after making the award dated 16.3.1994. Keeping in view these admitted facts and the fact that the constructed portion and the equal area have already been released from acquisition, in our opinion, the petitioner has no case for further releasing the remaining land. Learned counsel for the petitioner also could not make CWP No. 5567 of 1994 -3- out any case for release of the remaining land of the petitioner, on which there is no construction. Thus, we do not find any ground to interfere in the aforesaid notifications. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE December 11, 2009 ( MEHINDER SINGH SULLAR ) AS/ndj JUDGE