CWP No. 1610 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1610 of 2010 Date of decision: 08.02.2010 Raj Pal Singh and others ...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr. Pawan Malik, Advocate for Mr. Vikas Kumar, Advocate for the petitioners. 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. The instant petition is directed against the acquisition proceedings initiated vide notification dated 21.8.2008 (P-8) and 19.8.2009 (P-13) issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity `the Act'). The petitioners have claimed that the land proposed to be acquired, have thereupon constructed house, which is more than 20 years old. In support of their claim, they have attached electricity, water and sewerage bills and the photographs along with aksh sajra (P-2 to P-6). We have heard the learned counsel at considerable length and find that report of the patwari (P-11) does not support the claim made by the petitioners. According to the report dated CWP No. 1610 of 2010 2 25.9.2008 (P-11), a spot inspection was carried out with respect to the land belonging to the petitioner. There was an old house at the spot which was found to be filled with manure. In addition, there were three kikkar trees and some newly grown neam trees. The house was found lying vacant. The report further suggests that the cattle are being brought to the agricultural land in the morning and taken back to the house in the evening. A look at photographs (P-3) would show that there is a big hall house with two gates and it appears to be abandoned place. Accordingly, we do not find any substance in the argument as the abandoned house is of such a nature that it would attract the policy of the State for releasing the constructed area which is used as dwelling unit. There is, thus, no merit in the instant petition and the same is hereby dismissed. (M.M.KUMAR) JUDGE 08.02.2010 (JITENDRA CHAUHAN) mk JUDGE