IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13792 of 2009 Date of decision: 05.07.2011 Bhagmal …..Petitioner versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.M.L.Sharma, Advocate for the petitioner Mr.Alok Jain, Advocate for the petitioner Ms.Palika Monga, DAG Haryana Jasbir Singh, J. (Oral) This order will dispose of two writ petitions bearing Nos.13792 of 2009 and 1365 of 2011, involving similar question of law and facts. For facility of reference, facts are being mentioned from CWP No.13792 of 2009. Civil Writ Petition No.13792 of 2009 By filing this writ petition, the petitioner has laid challenge to a notification, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act) on 31.3.2008, proposing to acquire 303 acres of land situated in three villages, including land measuring 155.37 acres falling in revenue estate of village Hisar district Hisar. The acquisition was for a public purpose, namely, ‘for development of commercial area in sector 25, Hisar’. Further challenge has been made to a declaration, issued under Section 6 of the Act on 3.2.2009, finally showing an intention of the respondents to acquire land measuring 280.44 acre. Petitioner – Bhagmal is the owner of 2 kanal 9 marla of land, in which, as per his case, he has constructed a residential house. In the heading of this petition, for issuance of notice of motion, reliance was placed upon pendency of CWP No.9718 of 2009. As per information supplied by counsel for the petitioner, the said writ petition was dismissed by this Court vide order dated 21.2.2011. To a similarly situated petitioner, relief was declined on a ground that the land is going to be acquired for a commercial purpose and petitioner’s land cannot be exempted as the same is being used for a residential house. In reply filed, it is stated that the construction has been raised in violation to the provisions of law without getting any permission from the competent authority. In CWP No.9718 of 2009 also, it was noted that construction was unauthorized. In view of facts mentioned above, these writ petitions are dismissed in terms of an order passed in CWP No.9718 of 2009 titled as Vivek Coop. House Building Society Ltd. v. State of Haryana and others on 21.2.2011. (Jasbir Singh) Judge 2 Civil Writ Petition No.13792 of 2009 05.07.2011 (Augustine George Masih) gk Judge 3