Civil Writ Petition No.14953 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.14953 of 2009 Date of decision: 02.02.2011 M/s Universal Enterprises ....petitioner Versus State of Haryana & ors. .....respondents CORAM: HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE RAKESH KUAMR GARG Present: Mr.Sudhir Aggarwal, Advocate for the petitioner Mr.Kamal Sehgal, Additional Advocate General, Haryana *** JASBIR SINGH, J.(ORAL): This writ petition has been filed to challenge a notification dated 25.04.2008( P-8) issued under Section 4 of the Land Acquisition Act, 1894(in short 'the Act') proposing to acquire land measuring 3510-A- 5K- 1M for a public purpose namely for setting up Chaudhary Devi Lal Industrial Model Township to be developed as an integrated complex for industrial, commercial and other public utility, falling in seven villages namely Fazilwas, Kukrola, Kharkhari, Bas Lambi, Mokalwas, Seharawan and Fakharpur, Tehsil and District Gurgaon. Further challenge has been made to a notification dated 09.03.2009 issued under Section 6 of the Act showing intention of the respondents to acquire land measuring about 91 acres. So far as rest of the land is concerned, a separate notification was Civil Writ Petition No.14953 of 2009 2 issued under Section 6 of the Act. Admittedly, the land in dispute was acquired to construct Kundli-Manesar-Palwal Expressway, to connect the industrial township, to be developed in the remaining land, with other important areas within State. Still further challenge has been made to a notification dated 22.04.2009 issued under Section 6 of the Act declaring intention of the respondents to acquire about 3319 acres of land for the public purpose mentioned in earlier part of this order. In all, petitioner's land measuring 29K-17M is the subject matter of notifications mentioned above. It is case of the petitioner that it had purchased the above said land by two separate sale deeds on 31.01.2006 and 07.02.2006 with a view to construct godown/warehouse in that property. It is stated by learned counsel for the petitioner that the land is sought to be acquired to set up an industrial township, the petitioner also wish to use the land for semi industrial purpose and by stating as above prayer has been made to exempt the petitioner's land from acquisition. In response to notice issued, reply has been filed wherein it is stated that the land has been acquired to construct Kundli-Manesar-Palwal Expressway and also to develop Chaudhary Devi Lal Industrial Model Township. It is further stated that land of the petitioner is lying vacant at the spot. This fact was also admitted by counsel for the petitioner. At the time of arguments, it was also brought to our notice that small house owned by the previous owner is in existence and it is not used by the petitioner for residential purpose. Counsel for the petitioner has failed to show that any discrimination has been done to him by acquiring its piece of land. He has failed to indicate any other circumstance on the basis of which land of the petitioner deserves to be released from acquisition. Land was acquired in the year 2006. The petitioner has not undertaken any construction activity thereon. Even application to get change of land use was filed only on 10.01.2007. Civil Writ Petition No.14953 of 2009 3 No case is made out for interference. Dismissed. (JASBIR SINGH) JUDGE (RAKESH KUMAR GARG) JUDGE 02.02.2011 neenu