Rajesh Goyal And ANR. v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 8625 of 1990 Decided on : 30.04.2015 Rajesh Goyal and another . . . Petitioners

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE REKHA MITTAL PRESENT: Mr. Anmol Rattan Sidhu, Sr. Advocate with Ms. Mandeep Kaur, Advocate for the petitioners.

Ms. Palika Monga, DAG, Haryana.

Mr. Sunil K. Sahore, Advocate for respondent No.4 - NHAI.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioners have approached this Court under Articles 226/227 of the Constitution of India, for quashing the notification dated 10.5.1989 (Annexure P-2), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act'). The notification dated 09.05.1990 (Annexure P-6), issued under Section 6 of the Act has also been assailed. 2.

State has filed an affidavit of Sh. R.K. Singh, Additional Director, Urban Estate Department, Haryana, wherein, in para Nos. 2 &3, it has been stated as under:

"2.

That the claim of the petitioners has been examined by the Government afresh after obtaining report from the Chief Administrator, HUDA. It was reported by the Chief Administrator, HUDA that out of claimed land of the petitioners measuring 6.09 acres, land measuring 1.52 acres had already been released before announcement of award on 07.05.1992. Out of the remaining land measuring 4.57 acres, land measuring JAWALA RAM 2015.05.06 19:00 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 8625 of 1990 - 2 - 2.22 acres is required for development of 50 m wide green belt (including 10 m wide service road) and the balance land measuring 2.35 acres falls in between already released structures/land.

3.

That after considering report of the Chief Administrator, HUDA, the Government has decided to release the balance land of the petitioner measuring 2.35 acres which is falling out side 50 m wide green belt/service road. A part plan-cum-structure plate showing the already released structures/land of the petitioners (pink color), the land which falls under 50 m wide green belt/service road (green color) and the land which will be released by the Government (yellow color) is attached as Annexure R-1."

3.

A plain reading of the above shows that the land measuring 2.22 acres is required for development of 50 m wide green belt (including 10 m wide service road), whereas, balance land measuring 2.35 acres falling outside 50 m wide green belt/service road, has been released. 4.

Learned State counsel submitted that since the proceedings in the present petition had been stayed by this Court on 08th June, 1990, therefore, for the remaining acquired land measuring 2.22 acres, the award could not be passed and shall now be passed in terms of Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

5.

In view thereof, learned counsel for the petitioners states that the instant writ petition has been rendered infructuous and may be disposed of as such.

6.

Ordered accordingly.

(AJAY KUMAR MITTAL) JUDGE (REKHA MITTAL) April 30, 2015 JUDGE J.Ram JAWALA RAM 2015.05.06 19:00 I attest to the accuracy and authenticity of this document Chandigarh