Punjab-Haryana High Court
Smt. Laxmi Devi W/O Late Sh. Ajmer Singh vs The State Of Haryana And Others on 27 September, 2010
Bench: Jasbir Singh, Augustine George Masih
CWP No. 17458 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 17458 of 2010
Date of decision: 27.09.2010
Smt. Laxmi Devi w/o Late Sh. Ajmer Singh
..... PETITIONER
VERSUS
The State of Haryana and others
..... RESPONDENTS
CORAM:HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Anuj Balian , Advocate,
for the petitioner.
***
JASBIR SINGH, J. (ORAL)
This writ petition has been filed to lay challenge to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act') on 26.09.2007 (P-2) and 25.09.2008 (P-4) respectively. Award in this case was passed on 25.09.2010.
It is an admitted fact that after taking note of the objections filed by the petitioner under Section 5-A of the Act, her residential construction was left out of acquisition.
The land is going to be acquired for development of a residential colony. The petitioner's contention that her cow shed has not been left out of acquisition, is not acceptable. She has failed to make out her case for discrimination so far as release of her land is concerned. CWP No. 17458 of 2010 2
In view of the Award having been passed, in terms of the ratio of judgments passed by the Hon'ble Supreme Court in the cases of Municipal Corporation of Greater Bombay vs. Industrial Development and Investment Company (P) Limited, (1996) 11 SCC 501; Municipal Council, Ahmednagar vs. Shah Hyder Beig, (2000) 2 SCC 48; C.Padma vs. Deputy Secretary to the Government of Tamil Nadu, (1997) 2 SCC 627; Star Wire (India) Ltd. vs. State of Haryana, (1996) 11 SCC 698 and M/s Swaika Properties Pvt. Ltd. vs. State of Rajasthan, JT 2008 (2) SC 280, possibly this writ petition cannot be entertained.
Dismissed.
( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE September 27, 2010 pj