Civil Writ Petition No. 2772 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Civil Writ Petition No. 2772 of 2009 Date of decision: 20.02.2009 Shashi Bala and others ........Petitioners Versus State of Haryana and others .......Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Jagdish Manchanda, Advocate for Mr. Abhinav Bajaj, Advocate for the petitioners -.- Ashutosh Mohunta , J. (Oral) The petitioners are aggrieved by the action of the respondents in acquiring their land, situated in Had Bast No. 96 of village Kutana, District Rohtak, vide notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short the Act, 1894) dated 24.12.2007 and 23.12.2008 respectively. Counsel for the petitioners submits that the land adjoining to the petitioners' land is lying vacant, whereas the petitioners have raised 'C' class construction, as is evident from the perusal of the photographs (Annexure P-14). Learned counsel for the petitioners submits that the constructed portion of the petitioners, is liable to be released from the acquisition. A perusal of the notification issued under Section 4 of the Act, Civil Writ Petition No. 2772 of 2009 2 1894, shows that the land had been acquired for a public purpose, namely, for transport, communication under the Haryana Urban Development Authority. Photographs (Annexure P-14) also depict that it is a 'C' class construction raised by the petitioners on a very small portion of land and rest of the land is lying vacant. There is nothing on record to show that any discrimination had been done to the petitioners by the respondents. Merely saying that land measuring 25 acres had been released by the respondents at the time of issuance of notification under Section 6 of the Act, 1894, would not be a ground to release the petitioners' land. Moreso, there is nothing to suggest that the State has adopted any pick and choose policy while releasing the land of some of the land owners. No ground for interference is made out. Dismissed. [Ashutosh Mohunta] Judge [Nirmaljit Kaur] Judge February 20, 2009 mohan