CIVIL WRIT PETITION NO. 825 OF 2004 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 19 , 2011. Parties Name M/S S.V.K. Eelectronics and another ...PETITIONERS VERSUS The State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Shailendra Jain, Advocate, for the petitioners Mr. Kamal Sehgal, Addl. A.G., Haryana; Jasbir Singh, J. (oral) JUDGMENT In affidavit dated April 19, 2011, filed by Shri T.L.Satyaprakash, Joint Secretary to Government of Haryana, Industries and Commerce Department, which is available on record of CWP No.7218 of 2002 (M/S SPL Limited v. State of Haryana and others), decided on April 19, 2011,regarding claim of the petitioner, it has been stated as under: “11.8 CWP No. 825 of 2004-M/S SVK Electronics Pvt. Ltd. And others CIVIL WRIT PETITION NO. 825 OF 2004 -2- The petitioner company is owner of land measuring 3500 square yards comprising in khasra Nos. 47//19min and 22min of village Sankhol, tehsil Bahadurgarh, district Jhajjar and has challenged the acquisition of these land parcels. In this case, the landowners did not avail the opportunity of filing objections under Section 5-A of the Act, therefore, their claims for release of land were not considered at the time of issue of the Section 6 declarations. The LAC, Jhajjar, announced the Award of the land on 20.01.2004 and has handed over the possession of the land of the petitioner company to the HSIIDC. It is further submitted that as the possession of the land stands transferred to the HSIIDC, the State Government is not competent to release these land parcels as per the provisions of Section 48 of the Land Acquisition Act, 1894. However, the Government also recognizes that it is a running industrial unit established prior to the issuance of Section 4 notification. The HSIIDC has reported after the site visit that these landowners have set up industrial units but some of their land portions are forming part of 30 meters wide statutory green belt along NH-10 and are sandwiched between the released land of M/s Surya Roshni and Ganpati Dham, (Award quashed) and these land portions cannot be integrated with the larger pocket of acquired land in possession of the HSIIDC. M/s S.V.K. Electronics Pvt. Ltd., have also submitted an order relating to the regularization of their building measuring 252.17 Sq. Mtrs. CIVIL WRIT PETITION NO. 825 OF 2004 -3- within the 30 mtrs. wide restricted belt along NH-10 by the Department of Town and Country Planning. It may be submitted here that this case is similar to the one explained at paragraph No. 11(b) of this affidavit. As per the policy decision taken by the Board of Directors of HSIIDC in its meeting held on 22.10.2008 with a view to accommodating above types of cases, it is agreeable to allot the land to these landowners in view of the above policy decision subject to certain terms and conditions. The land pockets of the petitioner are shown in layout plan annexed as Annexure R-2 for kind perusal of the Hon'ble Court.” Counsel for the petitioner, on getting instructions of Shri V.S. Khettarpal, Managing Director of the petitioner, states that offer is acceptable to the petitioner. In view of this, present writ petition is disposed of in terms of the concession made by the State Government as aforesaid. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge May 19 , 2011. DKC