Jai Narayan & ORS. v. State Of Haryana & ORS

CWP-11963-2014 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-11963-2014 Date of Decision: July 21, 2016 Jai Narayan and others .....Petitioners

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE DARSHAN SINGH

Present:

Mr.Sanjay Vashisth, Advocate for the petitioners.

Ms.Palika Monga, DAG, Haryana.

........

1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? SURYA KANT, J.

The petitioners have laid challenge to the notifications dated 01.07.2011 and 26.06.2012 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, followed by award, dated 08.11.2014 in respect of acquisition of their land measuring 29K 6M situated within the revenue estate of their village Piwara, Tehsil and District Rewari. The afore-stated land forms part of a big chunk of land acquired for the public purpose of development and its utilisation for Residential Sector 20 Part and Sector 21, in Urban Estate, Rewari. The primary contention of the petitioners is that they have constructed their residential houses over the acquired land much before the Meenu 2016.08.05 12:04 I attest to the accuracy and authenticity of this document chandigarh

CWP-11963-2014 -2initiation of acquisition process and have thus, utilised the land for the same public purpose for which it has been acquired. On this premises the petitioners have urged that the acquired land is liable to be released in view of consistent State Policies.

The Land Acquisition Collector, Gurgaon, has filed his replyaffidavit, paras 2 and 3 whereof read as follows:- "2.

That the petitioners has claimed that the land bearing khasra No.3//20(6-14), 4//13/2(2-4), 14/2(2-4), 15/2(2-4), 16(8-0), 17(8-0) situated in the revenue estate of village Piwara, Tehsil and District Rewari.

3.

That the constructed area petitioner in the land bearing khasra no.3//20(6-14), 4//13/2(1-0), 14/2 (2-4), 15/2 (2-4), 16(8-0), 17(8-0) has already released by the competent authority vide instruction issued in letter no.12/13/20133TCP dated 7.11.2014. Rest of the vacant land measuring 1 kanal 4 Marla in khasra no.4//13/2 min included in the acquisition proceeding but the possession of the land was not taken due to stay proceeding passed by this Hon'ble Court. In view of the above-quoted stand taken by the respondents that a substantial part of the acquired land of petitioners except 1K 4M vacant area has since been released, the writ petition has, in a way, become infructuous and is disposed of accordingly.

( SURYA KANT ) JUDGE July 21, 2016 ( DARSHAN SINGH ) meenu JUDGE Meenu 2016.08.05 12:04 I attest to the accuracy and authenticity of this document chandigarh