IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2548 of 2010 Date of decision: 22.7.2010 Didar Singh …..Petitioner versus Union of India and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Jaideep Verma, Advocate for the petitioner Mr.Sunil Kumar, Advocate Ms.Reeta Kohli, Addl.A.G. Punjab Jasbir Singh, J. (Oral) The petitioner has filed this writ petition with a prayer that a writ of certiorari be issued to quash notification dated 16.8.2007 (P3). Admittedly, the petitioner is co-sharer in land bearing khasra No.6//4/1 (1-12). When notice of motion was issued in this case on 5.4.2010, following contention of counsel for the petitioner was noticed by this Court:- “Learned counsel for the petitioner, inter-alia, contends that notification (P-3) issued under section 3A(1) of the National highways Act, 1956 (for brevity, the Act) does not include the land belonging to the petitioner, whereas the declaration (P-5) was made under section 3-C of the Act despite the objections filed by the petitioner.” Civil Writ Petition No.2548 of 2010 Short reply has been filed in Court today. The same is taken on record. Counsel for the respondent has virtually admitted that land falling in Khasra No.6//4/1 was not included when notification under section 3-A of the National Highways Act, 1956 (in short the Act) was issued. If that is so, it is a very surprising that as to how the said khasra no. of the land was shown in the subsequent notification issued under section 3-D(1) of the act. In view of above land of the petitioner cannot be acquired at all. Subsequent notification is liable to the quashed. It is a fact that land is required for widening of the National Highway No.21 and as per site plan put on record (Annexure P6), some portion of land of the petitioner falls under the road alignment and rest of the area shown in green colour measuring 76’x18’ cannot be used at all, being away from the road, it appears that when land was acquired, there was no application of mind. While sitting in office some lines were drawn and land of the poor farmer was ordered to be acquired. It has been admitted in the written statement that such like mistakes had occurred in many other cases. If that is so, it is bounden duty of the authorities that instead of pushing the right holders to file writ petitions, action to rectify those mistakes be initiated forthwith and land which is not required for widening of the road and for any other purpose should be de-notified forthwith. That will save Court’s time and the poor owners money. Counsel for the respondent has brought it to the notice of this Court that in this case, the process to de-notify the excess acquired land has already started. It has also come on record that the petitioner has received compensation for the land under acquisition. For the excess land if he has received any compensation, he is bound to return the same. 2 Civil Writ Petition No.2548 of 2010 Under the facts and circumstances mentioned above, we dispose of this writ petition and direct the authorities to declare excess land of the petitioner measuring 76’x18’ shown in green colour in the site plan deemed to have been de-notified, order be passed expeditiously, preferably within four months from the date of receipt of a copy of this order. Compliance report be put on record of this case. As a word of caution, we direct the authorities to initiate process to de-notify the land which was acquired in excess or under some mistaken belief in all the pending cases, as has been stated in the written statement. It is also made clear that if the authorities feel that process to de- notify will take a long time, the authorities may put up the matter before this Court for passing an appropriate order. The excess amount received by the petitioner, if any, be calculated, which the petitioner shall return within 15 days from intimation to him. A copy of the order be given dasti under signature of Court Secretary of the Bench. (Jasbir Singh) Judge 22.07.2010 (Augustine George Masih) gk Judge 3