IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.17543 of 2006 Date of decision: 19.1.2009 Rakesh Kumar Jain and another. -----Petitioners Vs. State of Haryana and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. Arun Jain, Sr. Advocate with Mr. Sanjay Vij, Advocate for the petitioners. Mr. Ashish Kapoor, Addl.A.G., Haryana. Mr. Arun Walia, Advocate for respondent No.4. ----- ORDER: 1. This petition seeks quashing of notification dated 18.9.2006, Annexure P-11, under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) read with Section 17(1) of the Act and notification dated 19.9.2006, Annexure P-12, under Section 6 read with Section 17 of the Act. 2. Case of the petitioners is that petitioners are owners of the land sought to be acquired and are running a petrol pump after obtaining due permission in the year 1984. The same land was sought to be acquired but was released vide letter dated 23.6.1984, C.W.P. No.17543 of 2006 Annexure P-3, subject to the condition that if any part of the said land would fall in proposed service road, the same will be taken by the Government. The land falls in green belt under the provisions of Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and rules framed under the said Act. Section 5 and Rule 8 deal with preparation of a planned and controlled area. However, there is a provision for grant of permission for use of land in controlled area, contrary to the purpose specified in the plan in exceptional situations. Location of petrol pumps on green belt areas is a compulsion as green belt as well as the petrol pumps have to co-exist on the road side. There are other petrol pumps also. The stated purpose of acquisition was utilization of land for service road and green belt, which does not justify taking over of the land of the petitioners. 3. In the affidavit filed on behalf of the State, acquisition has been justified on the ground that the same was required for basic amenities of the public at large as per demarcation given by the District Town Planner, Gurgaon and for service road and green belt. It is further stated that having regard to the purpose for which the land is sought to be acquired, case of urgency clause was justified. 4. Further, affidavit has been filed by the Chief Town Planner on 21.8.2008, stating that the site of petrol pump falls in the alignment of Master Sewer line to be laid for Gurgaon town from Delhi border upto Rajiv Chowk. The line is being laid at a distance 2 C.W.P. No.17543 of 2006 of 22.0 mts. from the boundary line of National Highway No.8 and width of 16.0 mts. is got reserved for widening of National Highway. Notice has been given even to Petrol Pumps belonging to Haryana Urban Development Authority falling in the green belt for laying of sewerage line. 5. In view of stand taken by the respondents that the land was urgently required for public purpose for laying sewerage line and to be reserved for expansion of National Highway, we are unable to interfere with the impugned acquisition on the ground that there was no urgency or that there was no public purpose. 6. The petition is dismissed. ( ADARSH KUMAR GOEL ) JUDGE January 19, 2009 ( JITENDRA CHAUHAN ) ashwani JUDGE 3