CIVIL WRIT PETITION NO.1339 OF 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 04 , 2011. Parties Name Ramesh Kumar ...PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Ajit Malik Advocate, for the petitioner Mr. S.S.Patter, Sr. D.A.G., Haryana; Jasbir Singh, J. (oral) JUDGMENT This order will dispose of two writ petitions, i.e., CWPs No. 1339 and 1342, both of the year 2011. For facility of dictating judgment, facts are being taken from CWP No. 1339 of 2011. This writ petition has been filed to lay challenge to a notification issued under Section 4 of the Land Acquisition Act, 1894, (in short the Act) on March 31, 2008, (P-3) proposing to acquire 303.76 Acres of land for a public purpose, namely, for commercial area of Sector 25, CIVIL WRIT PETITION NO.1339 OF 2011(O&M) -2- Hisar. Further challenge has been laid to a declaration issued on February 3, 2009 (P-5) finally ordering acquisition of land measuring 280.44 Acres. When notice of motion was issued, following contention of counsel for the petitioner was noticed by this Court on February 9, 2011: “Petitioner owns 87 kanal 4 marla of land. Petitioner states that in an area measuring about 500 square yard, he has constructed his residential house. He further states that the construction is prior to the issuance of a notification under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), as per Policy of the State Government, the said construction cannot be made subject matter of acquisition, however, without any justification, area was not kept out of acquisition, whereas relief was given to many other land owners. It is specifically stated in the affidavit now filed that the petitioner wants release of only 500 square yard area under his house. Notice of motion for 28.3.2011. Dispossession of the petitioner from the constructed residential house measuring 500 square yard shall remain stayed.” Reply has been filed by the respondents, in which it has been stated that the land has been acquired for a commercial sector and as such petitioner's residence cannot be kept out of acquisition because it will disturb the entire lay out planning of the commercial sector. Taking note of a fact that some land, with residential construction has been released from acquisition, the following order was passed by this Court on April 4, 2011: CIVIL WRIT PETITION NO.1339 OF 2011(O&M) -3- “ In the reply filed, it has been stated that constructed building of the petitioner cannot be left out of acquisition because the land has been acquired to carve out a commercial sector, in which residential activity cannot be allowed. State counsel is directed to file an affidavit, before the next date of hearing, i.e., May 2, 2011, of some responsible officer whether any other constructed building falling within the proposed acquisition was kept out of acquisition or not and if released, to what use that building was being put before the acquisition.” In response thereto, an affidavit of Shri Vivek Atray, Additional Director, Urban Estates Department, Haryana, Panchkula, has been placed on record. Relevant contents of the affidavit read thus: “4. That the land of village Hisar (155.37 acres) and Satrod Khurd & khas (148.39 acres) i.e. 303.76 acres was notified under section 4 of the Land Acquisition Act on 31.3.2008. Out of the said land, 23 Kanal 17 Marla (2.98 acres) of land falling in village Hisar was released in pursuance of objection under Section 5-A objection in favour of Sh. Sant Singh s/o Chanchal Singh for commercial use i.e. Marriage palace/ Banquet Hall. 5. That land measuring 20.47 acres (vacant land) falling in village Hisar was excluded while issuing notification under section 6 as the same land had already been notified under section 4 on 19.5.2003, under section 6 on 14.5.04 & acquired vide award No. 13 dated 12.5.06 for Commercial / CIVIL WRIT PETITION NO.1339 OF 2011(O&M) -4- Residential purpose for sector 1-4 & 3-5 Hisar. 6. That land of village Hisar (132.05 acres) and village Satrod Khurd & Khas (148.39 acres) i.e. 280.44 acres was notified under section 6 on 3.2.2009. Out of the above notified land, licensed area of 2.869 acres for commercial colony was released in favour of M/S Aerens Goldouk Projects (Hisar) Pvt. Ltd. A further 2.301 acres was reduced due to measurement at spot and 2.00 acres (vacant land) falling outside the acquisition boundary was also excluded. Thus 7.170 acres was excluded from the award out of 280.44 acres land. 7. That award was announced on 27.1.2011 for 124.88 acres of village Hisar and 148.39 acres of village Satrod Khurd & Khas i.e. 273.27 acres. 8. That no land was released after the announcement of the award on 27.1.2011. 9. That it is again brought to the notice of this Hon'ble Court that the Civil Writ Petition Nos 9888 of 2010 and 9718 of 2009 filed by the petitioners for release of their land pertaining to the same sector and the same acquisition notification have been dismissed by the Hon'ble High Court on 21.02.2011.” In that affidavit, it is clearly stated that 20.47 Acres of vacant land was left out of acquisition because it was acquired vide a separate notification / CIVIL WRIT PETITION NO.1339 OF 2011(O&M) -5- Award No. 13 dated May 12, 2006. It was further stated that for land measuring 2.869 Acres, licence has been granted to a developer to develop that land for commercial purposes. It is further stated that only two Acres of vacant land was kept out of acquisition when Award was passed. At the time of arguments, by making reference to the documents, it was stated that the said piece of land was situated away from rest of land under acquisition and falling on the other side of the Railway line and further that it was also acquired vide a separate notification. Petitioner has failed to make out any case of discrimination in not releasing his land. In view of facts mentioned above, no case is made out for interference. Dismissed. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge May 04 , 2011. DKC