IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.19041 of 2009 Date of decision: 19.7.2010 Satbir …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Jai Vir Yadav, Advocate for the petitioner Mr.Gagandeep Singh Wasu, Sr.DAG Haryana Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to lay challenge to a notification dated 23.2.2007, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), proposing to acquire a vast track of land, including the land of the petitioner. Further challenge has been made to the declaration issued under section 6 of the Act on 20.2.2008. It is contention of counsel for the petitioner that in the land bearing khasra No.29//11/2 measuring 1 kanal, the petitioner has constructed his house. Other property, which has been shown in the site plan (Annexure P9), in yellow colour, has been released from acquisition, whereas the petitioner’s land has been ordered to be acquired. Paragraph Nos.2 and 3 of the writ petition read thus:- Civil Writ Petition No.19041 of 2009 “2. That the petitioner is owner in possession of the land comprised in khasra No.29//11/2 measuring 1 kanal, situated in village Khayra at Narnaul-Mohindergarh road, tehsil and Distt. Mohindergarh vide Jamabandi 2001-02, copy of which is annexed as annexure P1. 3. That the petitioner raised construction, which was/is being used as factory/residences much prior to the issue of notification under Section 4 of the Land Acquisition Act. Copy of Khasra Girdawari showing construction is annexed as annexure P-2. A photograph of the house of the petitioner is annexed as annexure P-3(1). Petitioner has been sanctioned water/electric connection. Photocopy of electric bill dated 11.11.2002 is annexed as annexure P-3(2) and site plan is also annexed as annexure P-3(3).” To say that construction exists at the spot, reference has been made to the photographs (P3) put on record. In reply to the above said averments, the respondent-State has stated as under:- “2. That there was a residential house measuring 50’x20’ over the land bearing khasra No.29//11/2 measuring 1 kanal, situated in the revenue estate of village Khayra Tehsil and Distt. Mohindergarh at the relevant time. The Govt. decided not to release the constructed area while issuing the declaration u/s 6 of the Act as the constructed area of the petitioner was in the Green Belt.” Existence of a residential house, as is evident from the photographs is admitted by the State in its reply. Relief has been declined to the petitioner simply by stating that constructed area falls in the Green 2 Civil Writ Petition No.19041 of 2009 Belt. Be that as it may, we have perused the site plan Annexure P9 attached with connected CWP No.19040 of 2009, which clearly indicates that in the so called Green Belt, plots have been left out from acquisition at many places. (shown yellow in the site plan). The released plots fall just on the road and also at its back. If that is so, we feel that discriminatory treatment cannot be adopted so far as the petitioner is concerned. It is not in dispute that the petitioner had raised construction before the issuance of notification under Section 4 of the Act. In view of facts mentioned above, we allow this writ petition and direct the authorities to release residential house of the petitioner along with proportionate vacant land, which found mentioned in paragraph No.2 of the written statement filed by the respondents. Remaining part of the land of the petitioner shall stand acquired as per the notification earlier issued. (Jasbir Singh) Judge 19.07.2010 (Augustine George Masih) gk Judge 3