IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16265 of 2011 Date of decision: 02.09.2011 Rajinder Parsad and others …..Petitioners versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Deepak Balyan, Advocate for the petitioners 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 25.4.2008 (P1), proposing to acquire a huge chunk of land for a public purpose, namely, ‘for setting up Chaudhary Devi Lal Industrial Model Township, to be planned as an integrated complex for Industrial, Commercial and other public utilities in the seven villages, namely, Fazilwas, Kakrola, Kharkhari, Bas Lambi, Mokalwas, Sehravan, Rakharpur, tehsil and district Gurgaon’. Further challenge has been laid to a declaration, issued on 22.4.2009 (P3). Still further an award passed on 21.4.2011 (P13 colly.) is also under challenge. The acquisition has been challenged primarily on a ground of discrimination done to the petitioners. It is contention of counsel for the petitioners that notification under Section 4 of the Act was issued for 3510 acres of land. Notification under Section 6 of the Act was issued for about 3325 acres and award has Civil Writ Petition No.16265 of 2011 now been passed for the land measuring only about 1140 acres. By stating as above, it is stated that the very purpose of the acquisition has failed. It is an admitted fact that the land which has been excluded now from acquisition pertains to the villages Kharkhari, Bas Lambi, Mokalwas and Rakharpur. So far the petitioners’ villages are concerned, the land which was notified, has been ordered to be acquired. Be that as it may, acquisition in dispute, has already been upheld by this Court in the case of Brahm Dutt and others v. State of Haryana and others (CWP No.6166 of 2010), decided on 3.2.2011. Vide that order, relief was given to the land owners qua the constructed buildings by ordering release of land with construction. That order has become final. The State’s appeal was dismissed by the Hon’ble Supreme Court vide order dated 27.4.2011. So far as the petitioners are concerned, they are residents of villages Fazilwas, Kakrola and Sehravan. Ground of discrimination, inter se the land owners in those villages was also looked into when judgment was passed in the case of Brahm Dutt (supra). In view of above, no case is made out for interference. Dismissed. (Jasbir Singh) Judge 02.09.2011 (Augustine George Masih) gk Judge 2