IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 19875 of 2004 Date of decision:30th May, 2011 The Surya Cooperative House Building Society Ltd. Rohtak .......Petitioner Versus State of Haryana and others ........Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. D.S.Patwalia, Advocate for the petitioner. Mr. Kamal Sehgal, Addl.A.G.Haryana for the respondent-State. Jasbir Singh, J.(Oral) Vide order dated 24.03.2011, we asked the State authorities to provide information regarding the land which was released from acquisition. In compliance of that order, an affidavit of Shri T.C.Gupta, Director General, Urban Estate Department, Haryana was placed on record on 21.04.2011. On 12.05.2011, after looking into the contents of that affidavit, we asked Mr. Kamal Sehgal, Addl. A.G.Haryana to give more information and on 27.05.2011 a copy of letter dated 27.05.2011 has been placed on record. Para (ii) of that letter reads thus:- “The total area of the Petitioner in CWP No. 19875 of 2004 – Surya Coop. Housing Building Society Civil Writ Petition No. 19875 of 2004 in 76 K 19M, out of which 38K 15M is coming in 60 Mtr. Road, 0K 4M is coming in 24 Mtr. Road and 2K 14M in 12 Mtr. Service road. The balance area is 35K 6M out of which 17K 12M has already been released. Therefore, the balance area which can be released is 17K 14M if the Petitioner so agrees. The release of land will be subject to actual measurement at site.” By filing this writ petition, the petitioner/society has made a challenge to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') dated 4.01.2001 and 31.12.2002 respectively. Land measuring 76 kanals and 9 Marlas of the petitioner/society is a subject matter of that acquisition, which is in dispute in this case. It is not denied that after passing of an award on 29.11.2004, land measuring 10 Kanals 4 Marlas owned by the petitioner/society was released from acquisition. Regarding rest of the land, it was stated by the respondents that the same is needed for construction of 60 Mtr. wide road. As per the facts stated in the letter dated 27.05.2011, the respondents have fairly stated that 38 kanals 15 marlas of land is needed to construct a 60 mtr. wide road, 4 marlas of land is needed to construct a 24 mtr. road and 2 kanals and 14 marlas of land is needed to construct a 12 mtr. service road. It is further stated that the rest of land measuring 17 kanals and 14 marlas shall be released from acquisition. Shri D.S.Patwalia, learned counsel for the 2 Civil Writ Petition No. 19875 of 2004 petitioner/society, on getting instructions from Shri S.P.Verma, President of the petitioner-society states that the offer made to the petitioner/society is acceptable subject to a prayer that subsequently by issuing a notification on 18.09.2007 width of the 60 mtr. road was proposed to be reduced to 45 mtr. and the excess land so saved be also released in favour of the petitioner/society. In view of the facts and circumstances mentioned above, we dispose of this writ petition and the land measuring 17 kanals and 14 marlas that found mentioned above shall be deemed to have been released from acquisition. Regarding grievance of the petitioner that width of the road has been decreased from 60 mtr. to 45 mtr. and more land will be available for release, the petitioner may approach the authority concerned to claim that relief. If any application is moved by the petitioner/society, the same shall be processed in terms of the letter dated 27.05.2011. [JASBIR SINGH] JUDGE [RAKESH KUMAR GARG] JUDGE 30th May, 2011 Shivani Kaushik 3