IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.6338 of 2008 DATE OF DECISION : FEBRUARY 23, 2011 SMT. RANJANA GHULIANI & ORS. ....... PETITIONER(S) VERSUS STATE OF HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT:Mr. Rakesh Nehra, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. AJAI LAMBA, J. (Oral) 1 This Civil Writ Petition has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to deliver the possession of land to the petitioners or, in the alternative, give them equal area of land of similar location. 2 When the matter was taken up on 10.2.2011, the following order was passed:- “It has been asserted that the petitioners are owners of Khasra No.26//8/1/2/2 (Min) measuring 1 kanal 8 marlas, situated in Village Hasanpur, Tehsil Bahadurgarh, District Rohtak (now District Civil Writ Petition No.6338 of 2008 2 Jhajjar). A reference to the notification under Section 4 of the Land Acquisition Act, 1894, indicates that the land comprised in Khasra No.26, 8/1 (Min) has been acquired. Learned counsel for the petitioners further states that out of Killa No.8, only 6 kanals land has been acquired. The land left out includes the land of the petitioners. In such circumstances, possession of the land could not have been taken by the State or transferred to others. It has also been asserted that the petitioners have not taken any compensation. Adjourned to 23.02.2011. Land Acquisition Collector, Bahadurgarh, District Jhajjar is directed to either remain present himself or send some responsible officer with specific record, in the context of what has been stated hereinabove. Copy of the order be given dasti to Shri Saini under the signatures of the Court Reader. 3 Shri Partap Singh, Naib Tehsildar, Bahadurgarh, has appeared on behalf of the Land Acquisition Collector, Bahadurgarh, and states that, indeed, out of Killa No.8, only 6 kanals of land has been acquired. The land comprised in khasra No.8/1/2/2, measuring 1 kanal 2 marlas, situated in Village Hasanpur, Tehsil Bahadurgarh, District Rohtak (now District Jhajjar), has not been acquired. The petitioners are owners in possession of Khasra No.26//8/1/2/2 (Min). Shri Partap Singh further Civil Writ Petition No.6338 of 2008 3 states that, in the above circumstances, the land belonging to the petitioners has not been acquired. It has also been confirmed that the petitioners have not taken any compensation. 4 In view of the statement given on behalf of the respondents, the petition is allowed. 5 Shri Partap Singh, Naib Tehsildar, Bahadurgarh, is directed to ensure demarcation of the land belonging to the petitioners, comprised in Khasra No.26//8/1/2/2 (Min), Village Hasanpur, Tehsil Bahadurgarh, District Jhajjar, and ensure delivery of the said land. The needful be done within four weeks from today. 6 Copy of the order be given to Shri Saini dasti under the signatures of the Court Reader. February 23, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?