Vikram Singh And ORS v. State Of Haryana & ORS

CWP-27523-2015 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27523-2015 Date of Decision: July 21, 2016 Vikram Singh 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.Naresh Kumar, Advocate for Mr.R.D.Yadav, 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 who are residents of village Kalaka, Tehsil and District Rewari, have laid challenge to the notifications dated 01.07.2011 and 26.06.2012 issued under Section 4 and 6 of the Land Acquisition Act, 1894 (for short, `the 1894 Act') followed by award dated 08.11.2014 to the extent of acquisition of their total land measuring 11K 7M. 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. Meenu 2016.08.08 13:38 I attest to the accuracy and authenticity of this document chandigarh

CWP-27523-2015 -2The primary contention of the petitioners is that they have constructed residential houses over the acquired land as are depicted in the photographs on record.

Learned State counsel on the other hand, on the basis of instructions from Mr.Jagbir Singh, Kanungo, O/o Land Acquisition Collector, Gurgaon, states that the land measuring 1K 10M in khasra No.23/11/1, Rectangle No.23 where construction was found in existence before issuing Section 4 notification of the Act has since been released. The remaining acquired land is stated to be lying vacant. In our considered view the authorities have acted in a most fair and just manner while releasing most of the acquired land. Since public purpose of acquisition is bona fide and no procedural illegality or deficiency in the acquisition process has been pointed out, the writ petition challenging the acquisition of left out vacant land is dismissed. ( SURYA KANT ) JUDGE July 21, 2016 ( DARSHAN SINGH ) meenu JUDGE Meenu 2016.08.08 13:38 I attest to the accuracy and authenticity of this document chandigarh