IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.3565 of 2010 Date of decision: 2.3.2010 Hardayal Singh & others. -----Petitioners. Vs. State of Haryana & another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Arun Jain, Sr. Advocate with Mr. Anurag Arora, Advocate for the petitioners. --- ORDER: 1. This petition seeks declaration to the effect that provisions of Section 16 of the Haryana Ceiling of Land Holdings Act, 1972 are ultra-vires the Constitution of India inasmuch as compensation for land which is declared surplus and thereupon vests in the State is not adequate. 2. It is not disputed that the said Act is in Ninth Schedule of the Constitution, prior to the date of judgment of the Hon’ble Supreme Court in Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 and the Act was upheld by the Hon’ble Supreme Court in Seth Nand Lal and another v. State of Haryana AIR CWP No.3565 of 2010 1980 SC 2097. In view thereof, this petition cannot be entertained. 3. Learned counsel for the petitioners submits that there is recommendation by the Financial Commissioner for increasing the compensation. In view of judgments of the Hon’ble Supreme Court, referred to above, the said recommendation cannot be a ground to declare the provisions to be unconstitutional. There is, thus, no occasion for our expressing any opinion on the decision which may be taken by concerned authorities. 4. The petition is dismissed. (ADARSH KUMAR GOEL) JUDGE March 02, 2010 ( ALOK SINGH ) ashwani JUDGE 2