Punjab-Haryana High Court
Hans Raj Bansal vs The State Of Haryana And Others on 11 November, 2010
Bench: Jasbir Singh, Augustine George Masih
CWP No. 11056 of 2010 and another connected case 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: 11.11.2010
CWP No. 11056 of 2010
Hans Raj Bansal
..... PETITIONER
VERSUS
The State of Haryana and others
..... RESPONDENTS
CWP No. 11080 of 2010
Jalraj Lal and others
..... PETITIONERS
VERSUS
The State of Haryana and others
..... RESPONDENTS
CORAM:HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Ashish Aggarwal, Advocate,
for the petitioner (s) .
Ms. Palika Monga, DAG, Haryana.
Mr. Arun Walia, Advocate,
for HUDA,
***
Jasbir Singh, J. (Oral)
This order will dispose of CWP No. 11056 of 2010 titled as Hans Raj Bansal vs. The State of Haryana and others and CWP No. 11080 of 2010 tilted as Jalraj Lal and others vs. The State of Haryana and others. Facts are being taken from CWP No. 11056 of 2010.
By filing this writ petition, the petitioner has assailed a notification issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') on 24.12.2007 proposing to acquire 90.87 Acres of land CWP No. 11056 of 2010 and another connected case 2 including land of the petitioner measuring 1 Kanal. Further challenge has been made to the declaration issued under Section 6 of the Act on 23.12.2008.
Upon notice, reply has been filed, wherein it has been specifically stated that the land in question is lying vacant at the spot. No discrimination has been done with the petitioner.
In CWP No. 11080 of 2010, it has been specifically stated that only petitioner No. 6 has filed objections under Section 5-A of the Act and qua him, a building was released and vacant land was ordered to be acquired. There is nothing on record to show that adjoining vacant land, of any other land owner was released from acquisition. If that is so, no interference can be made at the instance of the petitioner.
It is contention of counsel for the petitioners that it is the only land available with the petitioners to construct a house.
In response to contention of the counsel for the petitioners, the State counsel states that they may claim relief under the rehabilitation of oustees policy, as per law.
Disposed of.
( JASBIR SINGH ) JUDGE ` ( AUGUSTINE GEORGE MASIH ) JUDGE November 11, 2010 pj CWP No. 11056 of 2010 and another connected case 3