IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1621 of 2006 Date of Decision:- 22.11.2010 M/s Shree Bahubali Marbles ....Petitioner(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Pavan Malik, Advocate, for the petitioner. Mr.Kamal Sehgal, Addl.A.G., Haryana. *** Jasbir Singh, J. (Oral) This writ petition has been filed by the petitioner with a prayer to quash notifications issued under Sections 4 & 6 of the Land Acquisition Act, 1894 ( in short 'the Act' ) on 15.11.2002 and 12.11.2003 respectively. As per case of the petitioner that it is a running industrial unit, land to set up industry was purchased in the year 2000. For some portion of the land, Change of Land Use Certificate was granted way-back in the month of January, 2002 and qua rest of the land, an application to get Change of Land Use Certificate was filed on 17.12.2002. In the meantime, notification under Section 4 of the Act to acquire the above-said land was issued on 15.11.2002. Petitioner filed objection under Section 5-A of the Act. Portion of the land was left out of acquisition, however, rest of the land regarding which petitioner had moved an application for grant of CLU certificate was included in the notification issued under Section 6 of the Act on 12.11.2003. Now the prayer is for release of that land. C.W.P.No.1621 of 2006 -2- Heard counsel for the parties. This case has a long chequered history. It is not necessary to mention the same in view of an agreed stand taken by counsel for both the parties in this case. A Committee known as Officers' Committee was appointed vide order dated 21.11.2008 passed in C.W.P.No.12912 of 2004 to look into feasibility of release of land falling in the proposed acquisition vide the Notifications under challenge. As per directions issued, the Committee went to the spot and made recommendations separately in all the cases for which representations were made to it. Qua the petitioner's claim, recommendation was also made in the report submitted by the Committee. Petitioner's name figured at Sr.No.30. After noting facts of the case, following recommendation was made by the Committee in the case of the petitioner. “As such, there are two options. One, that the acquisition proceedings in respect of part of the land required for the right of way of the road widening be upheld and the balance land is released subject to the petitioner obtaining the CLU and pay the penalty imposed by the Government in addition to applicable EDC and the IDC charges to HSIIDC.” It is not in dispute that the recommendations made by the Committee were accepted by the State of Haryana in toto. It is contention of counsel for the petitioner that as per recommendation of the Committee, it was incumbent for the Authorities to give an option to the petitioner to retain this land subject to the conditions or otherwise. C.W.P.No.1621 of 2006 -3- We have gone through the recommendation made by the Committee and feel that the argument raised is perfectly justified. The Committee has recommended that option be given to the petitioner either to retain the land subject to fulfillment of some conditions mentioned by the Committee or the entire land be acquired and thereafter HSIIDC shall allot that very land to the petitioner as per the Policy. Faced with the situation, Sh.Sehgal, states that as per option exercised by the petitioner, the land as per recommendation of the committee, shall be released in favour of it subject to the conditions imposed by the Committee in its recommendation as mentioned above. Petitioner has opted for offer No.1. In view of the agreed stand taken by the parties, this writ petition has become infructuous and is disposed of accordingly. The Competent Authority shall release land of the petitioner as per recommendation of the Committee subject to the conditions enumerated therein. It is made clear that if the petitioner fails to fulfill any of the conditions, the authorities shall be at liberty to acquire the land. ( JASBIR SINGH ) JUDGE November 22, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE