Punjab-Haryana High Court
Chander Pal And Others vs State Of Haryana And Others on 19 July, 2013
Bench: Surya Kant, Paramjeet Singh
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.15315 of 2013
Date of Decision : July 19, 2013
Chander Pal and others .....Petitioners
versus
State of Haryana and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE PARAMJEET SINGH.
Present : Mr.Chirag Kundu, Advocate, for the petitioners.
Mr.S.S.Patter, Senior 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. (Oral)
Notice of motion to respondent nos.1 to 5 only at this stage.
Mr.S.S.Patter, learned Senior Deputy Advocate General, Haryana, accepts notice on their behalf.
Let five copies of the writ petition be supplied to 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 issue notice to respondent No.6 nor any counter-reply from respondent Nos.1 to 5 is needed at this stage.
The petitioners though seek quashing of the notifications dated 14.8.2008 (Annexure P-1) and 30.8.2008 (Annexure P-2) issued under Sections 4 & 6, respectively, of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), but in essence, they seek a mandamus for the release of Kumar Mohinder 2013.08.12 14:38 I attest to the accuracy of this order Chandigarh CWP No.15315 of 2013 [2] their excess land which is lying un-utilized after completion of the 'public purpose' for which it was initially acquired.
The precise case of the petitioners is that their land falling in khasra Nos.28 & 37 and Khewat No.176 and khatauni No.197 situated within the revenue estate of village Baroli, Tehsil and District Faridabad was acquired for the purpose of construction of green belt and service road and both the public purposes have since been fully achieved. A part of the acquired land, however, is still lying un-utilized, for the release whereof the petitioners represented the authorities but according to them, the un-utilized land is being released indiscriminately as is evident from the communication dated 4.1.2013 (Annexure P-7) whereby land of similarly placed person is said to have been released.
Having heard learned counsel for the parties, and keeping in view the plea taken by the petitioners that their acquired land is lying wasted/un-utilized as the public purpose for which it was acquired, has already been successfully achieved, we dispose of this writ petition with a direction to the Director General, Urban Estate Department, Haryana, to consider and decide the above mentioned claim of the petitioners by passing a speaking order within a period of four months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
(SURYA KANT)
JUDGE
July 19, 2013 (PARAMJEET SINGH)
Mohinder JUDGE
Kumar Mohinder
2013.08.12 14:38
I attest to the accuracy of this
order
Chandigarh