IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14651 of 2010 DATE OF DECISION : 18.08.2010 Gurcharan Dass .... PETITIONERS Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MOHINDER PAL Present : Mr. Shilak Ram Hooda, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India with a prayer to quash the notifications dated 23.8.2007 (Annexure P-3) and 21.8.2008 (Annexure P-6), issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act'), whereby the State of Haryana has acquired the land for the development of residential and commercial Sector 7 at Safidon. It is the case of the petitioner that in the said acquisition, his land measuring 1 Kanal 11 Marlas, comprised in Khasra No. 13//16Min, situated in village Singpura, Tehsil Safidon, District Jind, has also been included. According to the petitioner, on the said land, his house is in CWP No. 14651 of 2010 -2- existence, therefore, while acquiring the said land along with his house, the respondents have acted arbitrarily, discriminately and against their policy, whereas land of the similarly situated persons has been left from acquisition. In support of his claim, the petitioner is placing reliance upon Jamabandis for the year 1989-90 (Annexure P-1) and 1999-2000 (Annexure P-2) as well as the site plan (Annexure P-11) of the acquired land of the petitioner. We have heard learned counsel for the petitioner and have perused the aforesaid documents. As per the notification issued under Section 4 of the Act (Annexure P-3), the entire khasra number 13//16 was proposed to be acquired, but while issuing notification under Section 6 of the Act (Annexure P-6), out of the said khasra number, only land measuring 1 Kanal 11 Marlas (Khasra No. 13//16Min) has been acquired and the rest of the land appears to have been left from acquisition. As far as the land measuring 6 Marlas, comprised in Khasra No. 13//16/2/1/1/1, which has been shown as Gair Mumkin Makan, is concerned, it appears to have already been left from acquisition. A perusal of the site plan (Annexure P-11) shows that the entire land, except two small Kothas, is vacant. There is no evidence that on the portion of 1 Kanal 11 Marlas of land, which stands acquired by the aforesaid notification, as mentioned above, there is any construction. That is why, the petitioner in his petition has not given description of the construction of his house. Keeping in view all these facts, we do not find CWP No. 14651 of 2010 -3- any ground to entertain this writ petition and quash the acquisition proceedings qua the aforesaid 1 Kanal 11 Marlas of land, alleged to be owned by the petitioner. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE August 18, 2010 ( MOHINDER PAL ) ndj JUDGE