IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19260 of 2009 Date of decision: 19.7.2010 Amar Nath …..Petitioner versus The State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Jai Vir Yadav, Advocate for the petitioner Mr.Gagandeep Singh Wasu, Sr.DAG Haryana Jasbir Singh, J. (Oral) C.M. No.7325 of 2010 Application allowed, replication is taken on record. CWP No.19260 of 2009 This writ petition has been filed with a prayer to lay challenge to a notification dated 23.2.2007, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), proposing to acquire a vast track of land, including land of the petitioner. Further challenge has been made to the declaration issued under section 6 of the Act on 20.2.2008. Paragraph Nos.2 and 3 of the writ petition read thus:- “2. That petitioner is owner in possession of the land comprised in Khasra no.28/15 measuring 2 kanal 19 marla and khasra No.29//11/1 measuring 4 kanal 12 marla total measuring 7 kanal 11 marla to the extent of his share (0- Civil Writ Petition No.19260 of 2009 14=422 sq yds.), situated in village Khayra at Narnaul- Mohindergarh road, tehsil and Distt. Mohindergarh duly recorded in the revenue record/ Jamabandi for the years 2001- 2002, copy of which is annexed as Annexure P-1. 3. That the petitioner has constructed a double storyed residential house with RCC Roof and Marble flooring on the land in question much prior to the issue of notification under Section 4 of the Land Acquisition Act. Photographs of the house of the petitioner are annexed as annexure P-2. Petitioner has been sanctioned water/ electric/telephone connection. Copy of telephone bill and site plan of the house are also annexed as annexure P-3(1) & P-3(2 ) respectively.” In reply to above said averments, the respondent-State has stated as under:- “2. That para No.2 of the Civil Writ Petition is admitted being a matter of record. However, it is submitted that khasra No.28//15 has not been included in notification Section 6 of L.A. Act being constructed portion of his house. This land was not included in section-6 released after hearing of objections filed by petitioner u/s 5A. The land of the petitioner in khasra No.29//11/1 measuring 4 kanal 12 marla is totally vacant and not was released. 3. That in reply to para No.3 of the Civil Writ Petition, it is submitted that notification under Section 4 of the Land Acquisition Act issued on 23.2.2007 for residential, commercial, institutional, open space, sector roads and green belt sector 9 Mohindergarh on the basis of demarcation given 2 Civil Writ Petition No.19260 of 2009 by the Distt. Town Planner Narnaul. The notification under section 6 were issued on 20.2.2008 after hearing of the objection of the petitioner under section 5A of the LA Act. During hearing of the objections, the petitioner was him self present before the Land Acquisition Collector. The facts about the constructions were sent to the G+ovt. for taking further necessary actions through the Administrator HUDA Gurgaon & JSIC. The Govt. after considering the report sent by the JSIC decided to excluded the land of petitioner in khasra No.28//15 measuring 2 kanal 19 marla being a constructed house. This land was not included in the notification under Section 6 of LA Act. The remaining land of the petitioner was vacant and was acquired.” After hearing counsel for the parties, we are satisfied that the grievance of the petitioner was taken note of when notification under Section 6 of the Act was issued. An area, measuring 2 kanal 19 marlas, including constructed portion and vacant area for its proper utilization, was left out from acquisition. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 19.07.2010 (Augustine George Masih) gk Judge 3