IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5627 of 1985 (O&M) Date of decision: 5.10.2010 Sarni Mal …..Petitioner versus State of Haryana and another ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.C.B. Goel, Advocate for the petitioner Ms.Shubhra Singh, DAG Haryana Jasbir Singh, J. (Oral) Civil Misc. No.14000 of 2010 This application has been filed to place on record an affidavit of Financial Commissioner and Principal Secretary to Government of Haryana, Revenue and Disaster Management Department. Application is allowed and affidavit is taken on record. With consent of counsel for both the parties, CWP No.5627 of 1985 is taken up on board for disposal today. Civil Writ Petition No.5627 of 1985 Counsel for the parties heard. By filing this writ petition, the petitioner has laid challenge to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act), on 9.4.1985 and 8.10.1985, respectively, proposing to acquire land of the petitioner. Challenge to the acquisition was made on many grounds. This writ petition was admitted in the year 1986. During Civil Writ Petition No.5627 of 1985 (O&M) the intervening period, the State of Haryana floated a Policy to allot plots to the weaker section of the Society out of the land owned by Gram Panchayat. It is necessary to mention here that land of the petitioner was also going to be acquired for the above said purpose. On 26.7.2010, following order was passed by this Court:- “Vide notification dated 9.4.1985, land of the petitioner was sought to be acquired for providing free residential plots to landless/ homeless harijans. As per information supplied, in the last two years, the State of Haryana has utilized vacant gram Panchayat land for the said purpose. Sh.Sehgal, learned Addl. A.G. Haryana is directed to file an affidavit as to whether in view of the changed circumstances, still there is a need to acquire land of the petitioner. It has also come on record that the construction raised by the petitioner is in existence, on the land in dispute.” In response to aforesaid order, affidavit dated 22.9.2010 has been filed. Paragraph Nos.3 and 4 of the affidavit read thus:- “3. That the report of the Deputy Commissioner, Mewat was sought regarding the current requirement of the above mentioned land of village Kiranj to be acquired for the purpose of allotment of residential plots to landless/ homeless Harijans and members of backward classes in village. The concerned Deputy Commissioner has submitted his report dated 9.9.2010 wherein it has been stated that the Gram Panchayat of village Kiranj has sufficient land in its ownership in the village and the concerned Gram Panchayat has no 2 Civil Writ Petition No.5627 of 1985 (O&M) objection, in case the residential plots are allotted out of Gram Panchayat land. Therefore, the residential plots can be allotted to the landless/ homeless persons out of the Panchayat land as per Government policy. 4. That keeping in view of the report of the Deputy Commissioner, Mewat, land of the petitioner, measuring 05 Kanal 04 Marla is not required for the purpose for which it was being acquired, namely for the allotment of residential plots to landless/ homeless Harijans and members of backward classes in village Kiranj, Tehsil Nuh (Gurgaon).” In the affidavit, it is specifically stated that in view of the changed circumstances, land of the petitioner is no more required for the purpose for which it was required. In view of above, this writ petition is allowed and notifications under challenge, are set aside. (Jasbir Singh) Judge 05.10.2010 (Augustine George Masih) gk Judge 3