CWP No. 8593 of 1990 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 8593 of 1990 Date of decision: 14.12.2010 Kashmir Singh s/o Shri Kartar Singh ….. PETITIONER VERSUS State of Haryana and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. M.L.Sharma, Advocate, for the petitioner. Mr. Kamal Sehgal, Addl. A.G. Haryana. *** Jasbir Singh, J. (Oral) 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 10.05.1989 proposing to acquire a vast track of land including land of the petitioner measuring 12 Kanals and 18 Marlas, for a public purpose, namely, development and utilization of land for industrial, institutional, residential and commercial area for Sectors 6, 7 and 8, Panipat. Further challenge has been laid to a notification issued under Section 6 of the Act on 09.05.1990. Award in this case was passed on CWP No. 8593 of 1990 2 08.06.1990. At the time of arguments, counsel for the petitioner has vehemently argued that the decision was not taken on objections filed by the petitioner, under Section 5-A of the Act. It is contention of counsel for the petitioner that in the land under acquisition, the petitioner has a running industrial unit, which, as per the Policy of the State Government, cannot be acquired and further more, similar units/buildings were released from acquisition. By stating as above, an attempt has been made to show that discrimination has been done to the petitioner in not releasing his land. In response to notice issued, reply was filed. Paragraph Nos. 5 and 9 of the reply reads thus:- “5. As per the survey report of this office, there is no clear proof of the factory having been constructed before Section 4 notification (P/3 to P/5) are not valid proof of this claim.” 9. Hearing U/S-5A was given on 16-4-90. Report on the objection was sent to the Govt. for decision, but the Govt. decided to get the report of the Land Acquisition Collector about the building & structures verified from a Committee of senior officers. As the time left was very short and the Govt. decided to notify the area U/S-6 & the decision on release of constructed areas was deferred till, the receipt of the report from the committee, which will distinguish the factories raised after Section-4 notification from the factories existing prior to Section-4.” It is apparent from the records that after filing of this writ CWP No. 8593 of 1990 3 petition, report of a Joint Site Inspection Committee was received and in response to that report, land measuring 2 Kanals 11 Marlas owned by the petitioner was ordered to be released. If that is so, we feel that no further relief can be granted to the petitioner in this case. Dismissed. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE December 14, 2010 pj