IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 5568 of 1994 DATE OF DECISION : 11.12.2009 Gobind Lal .... PETITIONER Versus The State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR Present: Mr. Jaswant Jain, Advocate, for the petitioner. Mr. R.S. Kundu, Addl. A.G., Haryana, for the respondents. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner has filed the instant petition under Article 226 of the Constitution of India for quashing the notifications dated 21.3.1991 (Annexure P-1) and 18.3.1992 (Annexure P-2), issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act'). Vide these notifications, the State of Haryana had acquired 441.45 acres of land for a public purpose, namely, for the development and utilization as residential in Sector 16 and parts of Sectors 11, 13, 15 and 17 of Hisar. It is the case of the petitioner that he was in cultivating possession of the land measuring 2 Kanals 5 Marlas as tenant under Mahant CWP No. 5568 of 1994 -2- Ayodha Dass. Under a compromise, the petitioner vacated the aforesaid 2 Kanals 5 Marlas of land and in lieu thereof, he was made absolute owner of 10 Marlas of land, comprised in Khasra No.238/2/3/1 and raised some construction on the same, which has also been acquired vide the impugned notifications. In the written statement, it has been stated by the respondents that the petitioner did not file objections under Section 5-A of the Act. It is further stated that the award regarding acquisition of the land in question was announced on 16.3.1994 i.e. before filing of the present petition. It has also been stated that the built up area to the extent of 50 square yards and proportionate vacant area were left out from acquisition. It has further been stated that as per the revenue record, Mandir Narsing Puri was the owner of the land in question and the petitioner and his brothers have been shown as tenants on the land in question, who had received the amount of compensation in the capacity of tenant qua 2 Kanals 5 Marlas of land, which existed in Khasra No.238/2/3/1. Learned counsel for the petitioner could not controvert the fact that as far as the constructed house of the petitioner is concerned, the same has already been released along with the proportionate vacant area. Regarding the remaining land, which was in possession of the petitioner as tenant, he has already received compensation for the same. In view of these admitted facts, learned counsel for the petitioner states that the petitioner may be permitted to withdraw this petition with liberty to claim his right CWP No. 5568 of 1994 -3- with regard to enhancement of the amount of compensation before the appropriate authority. Dismissed as withdrawn with the aforesaid liberty. ( SATISH KUMAR MITTAL ) JUDGE December 11, 2009 ( MEHINDER SINGH SULLAR ) AS/ndj JUDGE