IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2558 of 2010 Date of decision: 19.7.2010 Babu Lal and others …..Petitioners versus The State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Rajneesh Chadwal, 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 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 petitioners. Further challenge has been made to the declaration issued under section 6 of the Act on 20.2.2008. Paragraph Nos.2 and 3 of the writ petition read thus:- “2. That petitioners are owners in possession of the land comprised in Khewat No.301/193 Khatoni No.353 Khasra No.44/23/24/25, 46//1/2/3/4/5/10, 47//4/5/6/7/14 total measuring 105K – 10M as per jamabandi for the years 2001- 02 (Annexure P-2) situated in village Khayra at Narnaul- Dadri road, tehsil and Distt. Mohindergarh.. Civil Writ Petition No.2558 of 2010 3. That the petitioners have constructed residential houses of “A-Class” construction in the area of 6150 sq.yards (approx.) i.e. 11K 6 M land shown in Red Colour in the Site Plan Annexure P-1 out of aforesaid land. Photos of houses are also appended as Annexure P-4. Therefore, the land in question can not be used by HUDA for the same residential purpose or any other purpose and the same is deserves to be released from acquisition. In reply to above said averments, the respondent-State has stated as under:- “2. That the petitioners have claimed. Khasra No.44/23/24/25, 46//1/2/3/4/5/10, 47//4/5/6/7/14 to be the land in dispute in the present Civil Writ Petition. Khasra No.46//1, 10, 47//4, 5, 6, 7, 14/1 and 14/2 have been released by the Govt., as has been intimated by the Director Urban Estate, Department, Haryana, vide endorsement No.5/56/09-2TCG(34) dated 28.8.2009. 3. That the petitioners did not file the objection under Section 5A of the Act. Hence, they are not entitled to challenge the Acquisition Proceedings at this stage. However, it worth while to mention here there was construction over the land in dispute bearing Khasra No.46//2 min situated in the Revenue Estate of Village Kharya, Tehsil and District Mahendergarh. The said construction along with proportionate vacant land (total measuring 7 kanal 8 marla) of said khasra No. was not included in the present Acquisition Proceedings while issuing the declaration under section – 6 of the Act. Rest of the entire land in dispute of the petitioners was totally vacant at the time 2 Civil Writ Petition No.2558 of 2010 of issuance of notification under section -4 of the Act. Therefore, the petitioners have no right to challenge the Acquisition Proceedings by filing the present Civil Writ Petition.” After hearing counsel for the parties, we are satisfied that the grievance of the petitioner was taken note of when notification under Section 6 of the Act was issued. An area, measuring 7 kanal 8 marlas, including constructed portion and vacant area for its proper utilization, was left out from acquisition. No case is made out for interference. Dismissed. (Jasbir Singh) Judge 19.07.2010 (Augustine George Masih) gk Judge 3