IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 357 of 2009 (M/S) Narayan Dutt …… Petitioner Versus State of Uttaranchal, through Secretary, Home Affairs, Dehradun & Ors …….. Respondents None present for the petitioner. Mr. K.P. Upadhyay, leaned Additional Chief Standing Counsel for the State of Uttarakhand / respondents. 28th April, 2009 Hon’ble Sudhanshu Dhulia, J The case of the petitioner is that his land was acquired in a State project in the year 1995, therefore in view of Government Order dated 29.02.1996, the petitioner was displaced from his land and according to the said G.O. one member of the family whose land was acquired must be given job in the “project”. The petitioner has annexed copy of the Government Order dated 29.02.1996 contained in Annexure -1 to the writ petition on which he relied upon. From the perusal of the Government order dated 29.02.1996, it reveals that the State Government in this regard has passed many Government Order including the said Government Order dated 29.02.1996 in which a provision has been made that where the land of a person is “acquired”, such a person or one member of the displaced family of that person must be given job in the “project”. From the perusal of counter affidavit filed by the State it appears that the case of the State Government is that the land of the petitioner was never “acquired” and the land was given to the respondents-defendant by way of mutual negotiation which resulted in a sale deed and the respondents have annexed copy of the sale deed as Annexure CA-1 to the counter affidavit, therefore, it is clear that the land of the petitioner was not acquired under the Land Acquisition Act and it was given by mutual negotiations and the land was transferred by a sale deed evidently, therefore, the provisions of Government Order dated 29.02.1996 have no application in the matter. The writ petition is misconceived and is accordingly dismissed. (Sudhanshu Dhulia, J.) Dated: 28.04.2009 Virendra