Punjab-Haryana High Court
Chhatar Singh And Others vs The State Of Haryana And Others on 22 October, 2013
Bench: Surya Kant, Surinder Gupta
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.23082 of 2013
Date of Decision: October 22, 2013
Chhatar Singh and others .....Petitioners
versus
The State of Haryana and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE SURINDER GUPTA.
Present : Mr.Sandeep Sharma, Advocate, for the petitioners.
Mr.S.S.Patter, Senior DAG, Haryana,
for respondent Nos.1 & 2.
-.-
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?
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Surya Kant, J. (Oral)
Notice of motion to respondent Nos.1 & 2 only. On our asking, Mr.S.S.Patter, learned Senior Deputy Advocate General, Haryana, accepts notice on their behalf.
Let two copies of the writ petition be supplied to the learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non- prosecution.
In view of the nature of order which we propose to pass, there is no necessity to seek any counter-reply from respondent Nos.1 & 2 nor respondent No.3 is required to be served at this stage.
The petitioners impugn the notifications dated 11.02.2011 (Annexure P-3) and 10.02.2012 (Annexure P-7) Kumar Mohinder 2013.12.03 12:06 I attest to the accuracy of this order Chandigarh CWP No.23082 of 2013 [2] issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), respectively, to the extent of acquisition of their land measuring 17 kanal-6 marlas situated within the revenue estate of village Tauru, District Mewat.
The principal grievance of the petitioners is that they have constructed a residential house and cattle shed besides other ancillary structures on the subject land which are the only source of their livelihood and social security. These constructions were allegedly raised before issuance of Section 4 notification. Notwithstanding the Government Policy dated 26.10.2007 which contemplates that such like construction be released from acquisition, the respondents have acted in a most discriminatory manner and have acquired the petitioners' house and structures. The petitioners have also placed on record some photographs of the alleged released land. If these photographs are to be believed, the released land comprises vacant plots with bare foundations only.
Since the question raised by the petitioners for taking benefit of the Government Policy dated 26.10.2007 is essentially a question of fact which can be effectively determined by the respondent-authorities after re-survey/re- demarcation, if so required, we dispose of this writ petition with a direction to respondent Nos.1 & 2 to verify the petitioners' claim after giving them opportunity of hearing in a representative capacity and if it is found that there exists a residential house and cattle shed constructed before issuance of Section 4 notification, let the benefit of Government Policy dated 26.10.2007 be extended to them in accordance with law. The plea of discrimination be also gone into. Let an Kumar Mohinder 2013.12.03 12:06 I attest to the accuracy of this order Chandigarh CWP No.23082 of 2013 [3] appropriate order in this regard be passed within a period of four months from the date of receiving a certified copy of this order.
Till then both the parties are directed to maintain status-quo.
Dasti.
[SURYA KANT]
JUDGE
October 22, 2013 [SURINDER GUPTA]
Mohinder JUDGE
Kumar Mohinder
2013.12.03 12:06
I attest to the accuracy of this
order
Chandigarh