CIVIL WRIT PETITION NO. 19646 OF 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: February 21, 2011. Parties Name Gram Panchayat Sersa ...PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Rajbir Sehrawat, Advocate, for the petitioner Ms. Palika Monga, D.A.G., Haryana, Mr. Kamal Sehgal, Adv., for respondents No. 2 and 4. Jasbir Singh, J. (oral) JUDGMENT This writ petition has been filed with a prayer to quash a notification, issued under Section 4 read with Section 17(2)(C) of the Land Acquisition Act, 1894 (in short the Act) on March 5, 2010, and declaration issued under Section 6 read with Section 17(2)(C) of the Act on July 14, 2010, proposing to acquire a vast track of land including 8 Kanals of land, owned by the petitioner , for a public purpose, namely, for development of CIVIL WRIT PETITION NO. 19646 OF 2010 -2- Industrial Estate, Sectors 53, 54, 55 and 56 in the revenue estate of village Sersa, tehsil and district Sonepat. Petitioner is a Gram Panchayat, by making reference to a very small structure shown at pages 30 and 31 of the paper book (photographs), it was contended by learned counsel for the petitioner that a religious structure is in existence in the land under acquisition. On taking note of the same, on November 2, 2010, following order was passed by this Court: “Petitioner- Gram Panchayat is owner of land bearing Khasra Nos. 22//1 (8-0) and 23//5( 8-0). It is case of the petitioner that in above said land, a religious place is in existence. To say so, reference has been made to the photographs (P-8). Perusal of the photographs indicates that the religious place is situated on a very small piece of land, may be on few marlas. It is an admitted fact that the land is going to be acquired for construction of a road. Notice of motion for 22.11.2010. On our asking Ms. Sbhubhra Singh, DAG, Haryana accepts notice on behalf of the respondents. Counsel for the petitioner is directed to supply her four copies of the writ petition during course of the day. Respondent No. 2 is directed to submit a report as to whether structure of religious place can be saved or not? Till further orders, dispossession of the petitioner is stayed from the constructed portion shown in photographs (p-8).” CIVIL WRIT PETITION NO. 19646 OF 2010 -3- Thereupon, report has been submitted by respondent No. 2 in the shape of an affidavit of Mr. Rajeev Arora, Managing Director, Haryana State Industrial & Infrastrcture Development Corporation Ltd. (HSIIDC), Panchkula, para No. 3 whereof reads thus: “That in pursuance of direction by this Hon'ble Court, a report with regard to the structure of religious place referred to in the writ petition was sought from the Tehsildar, Sonipat by the respondent – Corporation, vide letter dated 3.2.2011, who has clarified, vide report dated 10.2.2011 on the back side of the respondent – Corporation's letter dated 3.2.2011 itself that although as per the jamabandi for the year 2004-05, ownership of the said religious place is over Killa No. 22/1 (8-0), but no such structure exists there at the site in Killa No. 22/1 (8-0) and as a matter of fact, the same exists in Killa No. 23/5 (8-0), which has not been notified for acquisition. Hence, the place of worship namely 'Dada Sahibjada' is not a part of the land sought to be acquired vide notifications under challenge. A copy of letter dated 3.2.2011 by the respondent – Corporation to the Tehsildar, Sonipat and report dated 10.02.2011 by the Tehsildar, Sonipat are annexed hereto and marked as Annexures R/1 and R/2 respectively.” In document Annexure R-2, annexed with this affidavit, it is specifically stated by the Patwari, that as per Jamabandi for the year 2004- CIVIL WRIT PETITION NO. 19646 OF 2010 -4- 05, religious structure has been shown in Khasra No. 22/1 (8-0), whereas in fact at the spot, religious structure is situated in Khasra No. 23/5 (8-0). Admittedly, Khasra No. 23/5 is not subject matter of acquisition. Furthermore, it is stated by the respondents that the land has been acquired to construct a road. Contention of counsel for the petitioner that keeping in view the sentiments of the village community, adjoining land falling in Khasra No. 26 be transferred to the Gram Panchayat. Taking note of smallness of the religious structure, we are not inclined to accept that request. Otherwise also, request has been made without any justification. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge February 21, 2011. DKC