CWP No.1517 of 1988 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1517 of 1988 (O&M) Decided on : 07.12.2010 Khazan Chand ... Petitioner versus State of Haryana & others ... Respondents CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : None for the petitioner. Mr. Kamal Sehgal, Addl. AG, Haryana. **** JASBIR SINGH, J. By filing this writ petition, the petitioner has prayed for issuance of a writ of certiorari to quash the impugned notifications dated 23.05.1983 and 20.11.1986 issued under Section 4 & 6 of the Land Acquisition Act, 1894 respectively. It is stated by the petitioner that he is owner of land measuring 4 bighas 2 biswas bearing Khasra No.4693 Min Hadbast No.146 situated in Hisar, which he had purchased vide sale deed dated 14.12.1970. At the time of hearing, a short affidavit has been filed at the instance of Sujan Singh, HCS, Land Acquisition Collector, Urban Estate, Deptt. Haryana. Relevant part of the affidavit reads as under: “That the land of khasra No.4693 min was notified to the extent of 37 kanals 06 marlas as per notification No.LAC(P)-NTLA-83-3212 dated 23.05.1983 under Section 4 of the Act. At the time of notification No.LAC(P)-NTLA-84-5609 dated 20.11.1984 under Section 6 of the Act, the land measuring 15 kanals 03 marlas of khasra No.4693min was notified. As per record, the land of khasra No.4693min was partitioned CWP No.1517 of 1988 (O&M) -2- before the announcement of award in the year 1986 and the petitioner's land fell in khasra No.4693//2/1/3, which was not acquired vide award No.11 dated 17.03.1986. As per record, the land of the petitioner in khasra No.4693//2/1/3 was never acquired by the above said award, so the question of the possession does not arise. That the land acquired vide these notifications and award was acquired for public purpose i.e. for the development of residential and commercial Sector -13, Hisar. The State Government was justified in acquiring the land vide above mentioned award for the development of residential and commercial sector for the purpose of providing residence to the people of the State. The Hisar city is developing like any other city of India and to provide plots to its residents, it is necessary to acquire land for development of Sectors. That the present civil writ petition is not maintainable as no land of the petitioner was notified or acquired by the State vide notifications dated 23.05.1983 and 20.11.1984.” It has been brought to our notice that no objection under Section 5-A was filed and further that this writ petition has been filed after passing of an award dated 17.03.1986. In the affidavit it is specifically stated that the land of the petitioner was not acquired, vide the notification under challenge, if that is so, this writ petition has become infructuous and disposed of accordingly. (Jasbir Singh) Judge December 07, 2010 (Augustine George Masih) sonia Judge