IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 10363 of 2008 DATE OF DECISION: November 21, 2008 Dharampal and others …Petitioners Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE JORA SINGH Present: Mr. Hemant Sarin, Advocate, for the petitioners. Ms. Palika Monga, AAG, Haryana for respondent Nos. 1, 2 and 4. Mr. Kamal Sehgal, Advocate, for respondent No. 3. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. This order shall dispose of C.W.P. Nos. 10363 and 10636 of 2008 as common facts and question of law are involved. The petitioners have approached this Court with a prayer for quashing notification dated 21.6.2005 (P-2), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) and declaration dated 22.6.2006 (P-5), under Section 6 of the Act. The primary reliance of C.W.P. No. 10363 of 2008 the petitioners was on the recommendations made by the State Government on 11.5.2007, which have been approved by the Minister of Industries and the Chief Minister (P-6). 2. The matter has been heard at various stages but eventually the written statement filed by the respondent State disclosed that a notification under Section 48 of the Act withdrawing acquisition of land of the petitioners has been issued on 25.7.2008 (R-1). However, two khasra numbers belonging to the petitioners were not released which fall in village Dhakola, Tehsil and District Ambala, namely, Khasra Nos. 4/19 (5-4) and 4/20/1 (1-3). In order to ascertain the reason for non release those khasra numbers we passed a specific order on 19.11.2008 directing the learned State counsel to seek instructions as to whether the aforementioned small pieces of land interfere with the planning or on account of some inadvertent mistake could not be included in the notification dated 27.6.2007, issued under Section 48 of the Act. 3. At the hearing, learned State counsel has produced original record before us and after perusing the same we are satisfied that the aforementioned khasra numbers have not been released for the reason that a conscious decision has been taken for acquiring those khasra numbers after obtaining approval to the draft notification from the Chief Minister. It is also evident from the record that some other land, which does not belong to the petitioners, has been released because acquisition of that land was not necessary for the planning. All these facts show that there is proper application of mind. The substantive area of the petitioners has been released except few marlas of land comprised in the aforementioned khasra numbers. We 2 C.W.P. No. 10363 of 2008 find no illegality in the acquisition of the aforementioned khasra numbers as the respondents have made their best efforts to adjust the land of the petitioners and on account of compulsion of planning, small portions could not released. The acquisition of small portions cannot be regarded as arbitrary or otherwise vitiated on any sustainable grounds. Accordingly, the writ petitions are disposed of and the claim with regard to the land situated at village Dhakola, Tehsil and District Ambala, comprised in Khasra Nos. Khasra Nos. 4/19 (5-4) and 4/20/1 (1-3), is rejected. (M.M. KUMAR) JUDGE (JORA SINGH) November 21, 2008 JUDGE Pkapoor 3