Punjab-Haryana High Court
Gurmail Singh Son Of Late Sh. Gopal Singh vs The State Of Haryana And Others on 27 September, 2010
Bench: Jasbir Singh, Augustine George Masih
CWP No. 17408 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 17408 of 2010
Date of decision: 27.09.2010
Gurmail Singh son of Late Sh. Gopal 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. Vivek Suri, Advocate,
for the petitioner.
***
JASBIR SINGH, J. (ORAL)
This writ petition has been filed for quashing a notification issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') on 26.09.2007 (P-4). Further challenge is to the declaration under Section 6 of the Act issued on 25.09.2008 (P-7). Notice under Section 9 of the Act (P-8) is also under challenge.
Counsel for the petitioner contends that in some portion of the land under acquisition, the petitioner had constructed four rooms, despite objection raised, the same have not been kept out of acquisition. CWP No. 17408 of 2010 2 Paragraph No. 3 of the writ petition reads thus:-
"3. That it is pertinent to mention here that though the house of the petitioner which he has constructed on 13 Biswas of land comprised in Khasra No. 159 in village Bhagwanpur has been left out from the acquisition proceedings but the vacant land which is being used by the petitioner for tethering the cattle and other purposes is sought to be acquired by the respondents. This land has been left by the petitioner purposely for the reason to cater to the needs of his children when they grow up and the vacant land measures about 7 Bighas but to the share of the petitioner only 1 Kanal land will come and is of no use to the respondents in any manner and similarly he has constructed two shops and a garage in Khasra No. 169, 170 and measures about 7 Biswas and the aforesaid land is situated adjoining to the abadi of the village Bhagwanpur on Mallah road leading to National Highway no. 22 and Delhi Public School is also situated nearby. The rough site plan of the shop is annexed herewith as Annexure P-3. It would be out of place to mention here that in the land measuring 7 Biswas beside two shops there is vacant land where the petitioner parks his vehicles and adjoining to the boundary wall the land of the Amaravati Enclave is situated."
It is apparent from the records that so far as the residential house of the petitioner is concerned, the same was not touched during acquisition proceedings. The land is going to be acquired for development CWP No. 17408 of 2010 3 of residential area. If the petitioner has constructed some shops, it is not incumbent upon the authorities to release that land from acquisition.
We have seen the photographs. Admittedly, the residential house of the petitioner is not under acquisition.
In view of facts mentioned above, we feel that no case is made out for interference by this Court.
Dismissed.
( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE September 27, 2010 pj