CWP No.12848 of 2000 and connected cases [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12848 of 2000 and connected cases Date of decision: 12th August, 2011 Jasbir Singh Siali ... Petitioner Versus The State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. AUGUSTINE GEORGE MASIH Present: Mr. M.L. Sarin, Senior Advocate with Mr. Hemani Sarin, Advocate Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate in CWP Nos.5866, 5867 & 12694 of 2001 Mr. Arun Palli, Senior Advocate with Mr. Tushar Sharma, Advocate CWP Nos.3381 & 3382 of 2001 Mr. Randeep Rai, Senior Advocate with Mr. Akshay Bhan, Advocate and Mr. G.S. Sandhuwalia, Advocate in CWP No.4051 of 2001 Mr. Shailendra Jain, Advocate in CWP No.4028 of 2001 Mr. Sanjeev Pandit, Advocate in CWP No.7204 of 2000 Mr. Aashish Chopra, Advocate Mr. Ajay Kaushi, Advocate Mr. G.S. Dhaliwal, Advocate in CWP Nos.11703, 11964 & 12944 of 2003 Mr. Raj Mohan Singh, Advocate Mr. Rahul Sharma, Advocate Mr. Ram Avtar Yadav, Advocate Mr. Ashwani Talwar, Advocate, Mr. Ashish Aggarwal, Advocate, Mr. Chanchal K. Singla, Advocate and Mr. Ravinder Singh, Advocate in CWP Nos.3381&3382 of 2010 for the petitioner(s). Mr. Kamal Sehgal, Additional Advocate General, Haryana. Mr. Manish Bansal, Advocate for respondent-HUDA. ***** JASBIR SINGH, J.(Oral) This order shall dispose of Civil Writ Petition Nos.4402, 7254, 12848, 10117, 11703, 11964, 5866, 7204, 5867 & 6357 of 2000, 2355, CWP No.12848 of 2000 and connected cases [2] 3381, 4028, 5289, 5994, 5221, 3206, 3226, 3382, 4051, 12694 of 2001, 466, 5617 & 7130 of 2002, 6544, 8286, 12944 & 13852 of 2003, 12831 of 2006. Facts are being mentioned from Civil Writ Petition No.12848 of 2000. The petitioner has challenged a notification dated 15.03.2000 issued under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act’) proposing to acquire the land measuring 952.18 acres for a public purpose namely, for the development and utilization of land as residential, commercial, institutional, recreational purpose etc. The petitioner has also laid challenge to a notification issued under Section 6 of the Act finally ordering acquisition of land measuring 950.24 acres. The challenge to the acquisition has been made on many grounds including discrimination, violation of environmental law and grant of non-hearing as per provision of Section 5-A etc. It is also stated that the public purpose for which the land has been acquired, has already been achieved. After notice, a reply was filed. When the matter came up for hearing on 10.08.2011, counsel for the petitioner stated that let the State explore the possibility to consider the matter by a High Powered Committee. In response to our query, Mr. Sehgal put on record a copy of the letter received by the office of Advocate General, Haryana from Financial Commissioner and Prncipal Secretary to Government of Haryana, Urban Estates Department, Chandigarh dated 12.08.2011. The contents of the letter are as under: “From Financial Commissioner and Principal Secretary to Government of Haryana, Urban Estates Department, Chandigarh. To CWP No.12848 of 2000 and connected cases [3] The Advocate General, Haryana, Chandigarh Memo No.9271 Dated:12.08.2011 Subject: CWP No.5866 of 2000 Krishna Gaushala Charitable Trust Vs. State of Haryana & Bunch of connected cases. Sir, This is with reference to your letter dated 10.08.2011 on the subject cited above. It is informed that the State Government have no objection if the cases of the petitioners in the above mentioned cases are referred to High Powered Committee for consideration and decision. Sd/- (P.K. Sharma) Deputy Secretary to Government Haryana & Additional Director, Urban Estates Department-cum- Member Secretary, High Powered Committee, for Financial Commissioner and Principal Secretary to Government of Haryana, Urban Estates Department, Chandigarh.” The counsel for the petitioner has no objection to the offer made. Under the circumstances, we dispose of this writ petition and other connected writ petitions with a direction to the State to constitute a High Powered Committee within 15 days from today, to which no objection has been raised by Mr. Sehgal. It is further agreed between the parties that after constitution of the High Powered Committee, the petitioners will appear before that Committee on 12th October, 2011 in the office of Financial Commissioner and Principal Secretary to Government of Haryana, Urban Estates Department, Sector-17, Chandigarh at 10.30 a.m. In the meantime, if any of the petitioners wish to file a representation before the abovesaid CWP No.12848 of 2000 and connected cases [4] Officer, he may do so. The landowners are supposed to give detail of land owned by them and objections filed by them against acquisition. It is further agreed between the parties that till such time the decision is taken by the High Powered Committee and thereafter for a period of 15 days, from the date of communication of the order passed, to the landowners, through a registered post, the status quo regarding possession shall be maintained. It is also agreed that in case if any adverse order is passed against any of the landowners, liberty shall remain to file a fresh petition taking all the pleas including one which have been taken in these writ petitions. As above, these writ petitions stands disposed of. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE 12th August, 2011 Rajan