CIVIL WRIT PETITION NO. 270 OF 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: November 22, 2010. Parties Name M/S Rolex Hosiery Pvt. Ltd. ...PETITIONER. VERSUS The State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Augustine George Masih PRESENT: Mr. Shailendra Jain, Advocate, for the petitioner. Mr. Kamal Sehgal, Addl. A.G., Haryana; JASBIR SINGH, J. (oral) JUDGMENT By filing this writ petition, petitioner has laid challenge to the notifications, issued under Sections 4 and 6 of the Land Acquisition Act, 1891 (in short the Act) on November 15, 2002 and November 12, 2003, respectively, proposing to acquire vast track of land, including a running industrial unit of the petitioner. Upon notice, written-statement has been filed. In the written- statement, it has been stated as under: CIVIL WRIT PETITION NO. 270 OF 2006 -2- “11. That in the instant case, the High Powered Committee considered the representation made recommendations of the petitioner's land falling in Khasra No. 13//3/2/1/1 as under: “A shed has been constructed and is a running unit. Therefore, the Committee recommends its release from acquisition.” The above decision of the High Powered Committee was communicated to the petitioner vide letter dated 24.11.2006 through Registered/ Speed Post. 12. That the State Government approved the recommendations of the committee and decided to release the land/ part land in principal subject to fulfillment of the terms and conditions recommended by the High Powered Committee for release of land. The decision of the State Government was communicated to the petitioner vide letter dated 24.11.2005 under registered/ speed post. The conditions mentioned in the letter were common and communicated to all such landowners whose land was partially/ fully recommended for release by the High Powered Committee.” In this writ petition, petitioner has also challenged an order of release of his land dated November 24, 2005 (P-16). Perusal of above said letter/ order indicates that land/ unit of the petitioner was ordered to be released subject to the following conditions: “1. The orders for release of the land will be issued after the finalization of the lay out plan by the Haryana State Industrial CIVIL WRIT PETITION NO. 270 OF 2006 -3- Development Corporation (HSIDC) and you will give an undertaking in the shape of sworn affidavit attested by the Executive Magistrate to this office within 15 days that you will leave land which is essentially required to lay infrastructure and integration of the area; 2. That you shall give an undertaking in the shape of sworn affidavit attested by the Executive Magistrate to this office within 15 days from date of issue of this letter to the effect that you will pay the proportionate internal and external development charges to the HSIDC as and when demanded; 3. That you have been granted Change of land use permission by the Director, Town and Country Planning Haryana and have given an undertaking for leaving the area for the road shall be handed to the Corporation if not earlier left out for the said purpose. You will also deposit internal / external development charges pending for payment as per terms and conditions of the affidavit already submitted to the Director, Town and Country Planning. 4. That you will furnish an undertaking in the shape of affidavit attested by the Executive Magistrate to the Department of Town and Country Planning Haryana that you will leave the land required for road network. 5. That you will withdraw the Civil Writ Petition filed by you in the Hon'ble Punjab and Haryana High Court for the release of this land.” CIVIL WRIT PETITION NO. 270 OF 2006 -4- At the time of arguments, Shri Shailendra Jain, Advocate, for the petitioner very fairly offered that if the time to do the needful as envisaged vide letter dated November 24, 2005, is extended, he will withdraw this writ petition, as mentioned in condition No. 5 of the above said letter. To the offer made, Shri Sehgal has failed to raise any objection. To release unit of the petitioner, decision has already been taken on recommendation made by a High Powered Committee, as is reflected in paras No. 11 and 12 of the written-statement, filed by the respondents. Under the circumstances, we allow Shri Shailendra Jain, Advocate, to withdraw this writ petition and to comply with the conditions envisaged in letter dated November 24, 2005, releasing land of the petitioner,the petitioner is granted one month's time from today. If the petitioner complies with this order, the land shall be deemed to have been released from acquisition in terms of the letter, mentioned above. This writ petition stands disposed of accordingly. ( JASBIR SINGH ) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE November 22, 2010. DKC