CWP No. 1714 of 1987 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * CWP No. 1714 of 1987 Date of decision : September 21, 2011 * * * * * Smt. Chand Rani ..........Petitioner Versus State of Haryana and another ..........Respondents * * * * * CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE GURDEV SINGH * * * * * Present: Mr. Shailendra Jain, Advocate for the applicant- petitioner(s). Mr. Kamal Sehgal, Additional Advocate General, Haryana. * * * * * 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the digest? M.M KUMAR, ACJ. 1. In the instant petition filed under Article 226 of the Constitution, prayer has been made for quashing notification dated 31.12.1982 (Annexure P-3) issued by the respondent-State under Section 4 of the Land Acquisition Act, 1894 ( for brevity `the Act') and the other notification issued under Section 6 of the Act on 9.11.1983 (Annexure P-4) as well as award dated 27.1.1984 (Annexure P-5). 2. It has come on the record that the land of the petitioner is comprised in khasra no.1768/1 which is situated within the municipal limits of Gurgaon. The petitioner has prayed that she wanted to built CWP No. 1714 of 1987 2 a pucca house for residential purposes. A part of the land comprised in aforesaid khasra no. belonging to one Kailash Wati was subject matter of challenge in CWP No. 642 of 1984 which has been allowed on 20.5.2010 by a Division Bench of this Court. The Division Bench has taken notice of the fact that the land belonging to Sh. Shiv Dass Mal Kalra and his sons was released from acquisition despite the fact that the writ petition filed by them namely, CWP No.5781 of 1983 was dismissed by this Court on 20.11.1985. Even the SLP against the aforesaid judgment was declined on the ground that there was unexplained delay of 1693 days. The land of Sh. Shiv Dass Mal Kalra and his sons was also comprised in khasra no. 4247/1767/1768 min at Sector 16, Gurgaon. In the judgment of the Division Bench rendered in CWP No. 642 of 1984, the release order in favour of Shiv Dass Mal Kalra and his sons had been noticed and the land was released on various conditions. Thereafter, even the site plan in their favour was sanctioned by the Municipal Corporation, Gurgaon on 19.3.2009. There are further developments noticed in various paras of the judgment in Kailash Wati's case. On the basis of law laid down by Hon'ble Supreme Court in Hari Ram v. State of Haryana (2010) 3 SCC 621 and particularly in the light of the observation made in paras 26, 40, 41 and 43, the Division Bench proceeded to allow the writ petition quashing the notification in respect of the land belonging to Kailash Wati. Likewise, another Division Bench while deciding CWP No. 5872 of 1983 on 27.1.2011 titled (Ganga Jiwan and another vs. State of Haryana), also allowed the writ petition with regard to one of the two khasra nos. which were CWP No. 1714 of 1987 3 common with the land involved in the present writ petition namely khasra no.1769. The Division Bench in Ganga Jiwan's case (supra) by following the view of Hon'ble the Supreme Court in Hari Ram's case (supra), also the Division Bench of this Court in Kailash Wati's case (supra) and the judgment in Ganga Jiwan's case (supra) setting aside the notification. 3. Keeping in view the aforesaid factual and legal position, we are of the considered view that the instant petition deserves to be allowed and the notification in respect of the petitioner is also liable to be quashed. The office is directed to add the copies of the judgment in Kailash Wati's case (supra) as well as Ganga Jiwan's case (supra) to the present order. In view of the above, writ petition is allowed and the notification qua the petitioner is quashed. ( M.M KUMAR ) ACTING CHIEF JUSTICE September 21, 2011 ( GURDEV SINGH ) ritu JUDGE