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67 Kanals and 9 Marlas of land which falls outside the Municipal limits of Bhiwani is in dispute in this writ petition.

As per facts submitted by the petitioner, the main educational campus of the petitioner is situated in 169 Kanals and 13 Marlas of land falling within Municipal limits. Petitioner states that building to run a Polytechnic Institute and Women College was constructed in that land after getting building plan sanctioned from the Municipal Committee. Further detail has been given regarding starting a B.Ed. College, its recognition by the competent authorities and also sanction given to the other courses being run by the petitioner. It is stated that in land measuring 67 Kanals 9 Marlas, situated outside the Municipal limits, the petitioner has set up a play ground and other sports activities for its students. It is an admitted fact that above said land is lying vacant and is situated at a distance of more than 3 Kms away from the main campus. Vide notification dated April 26, 2007 (P-5), issued under Section 4 of the Land Acquisition Act, 1894 (in short the Act), the respondents proposed to acquire 370 Acres of land (including 67 Kanals and 9 Marlas of land) falling in village Palwas, Bhiwani Lohar and Ninan for a public purpose, namely, for transport and communication in Sector 31, Bhiwani. The petitioner filed objections under Section 5-A of the Act on May 23, 2007, opposing the above said acquisition of its land. In the meantime, on May 24, 2007, the State Government issued a show cause notice to the petitioner asking it as to why an approval given to the gift of land measuring 237 Kanals and 2 Marlas in its favour, be not cancelled. With regard to that dispute, the petitioner filed a civil suit, which is pending. It is not necessary to refer to any further detail in that regard because in this case, the Court is not going to give any finding regarding ownership of the land in dispute or/ and regarding validity of gift of land made by the Gram Panchayat in favour of the petitioner.

Respondents have filed their replies controverting the allegations levelled by the petitioner. In reply, filed by respondent No. 3, it is stated that as per final development plan - 2025 AD, for Bhiwani city, Sector 31 is a transport and communication centre. The land has been acquired to use it for that sector as per the Master plan. It is further stated that before issuance of notification under Section 4 of the Act, to acquire the land a survey was conducted and any construction existing at the spot was shown in the survey plan. Copy of the survey plan has been put on record as Annexure R-2. It is further stated that land owned by the petitioner is lying vacant. Some part of it falls in the green belt. If released, it would affect the overall lay out planning for Sector 31. It is also stated that another piece of land measuring 169 Kanals 13 Marlas does not fall within Municipal limits, rather it falls within the extended limits of Bhiwani city. As per law, in the extended Municipal limits, if any construction is to be raised, one has to get a change of land use certificate, which was never applied by the petitioner. It was stated that the construction raised by the petitioner, where its main educational institution is situated is unauthorised and notice to demolish the same has been issued to the petitioner as per provisions of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963.

In the amended written-statement, filed on behalf of respondents No. 1 and 2, it is stated that those land owners, who had filed objections under Section 5-A of the Act, within the prescribed period, were properly heard. As per recommendation made by the Land Acquisition Collector, the Government decided to release land measuring 45.70 Acres of village Palwas, land falling in villages Bhiwani Lohar and Ninan was released from acquisition because it was inadvertently notified for acquisition of land to develop Sector 31 whereas that land had already been proposed for acquisition for development of Industrial Sector 30 at Bhiwani.

Heard counsel for the parties.

At the time of arguments, counsel for the petitioner has assailed acquisition of its land primarily on the ground of discrimination meted out to the petitioner. By making reference to the averments made in paragraphs 21, 22 and 24 (iii), counsel for the petitioner contended that after issuance of Section 4 notification, a vast track of land was released from acquisition. Against proposal to acquire 374.54 Acres of land, declaration was issued only with regard to 302.55 Acres of land, situated in village Palwas. Land situated in villages Bhiwani Lohar and Ninan was not made subject matter of the above said declaration. By making reference to the site plan on record, it was vehemently contended that the land owned by DAV Centenary Public School, Bhiwani, has not been acquired along with three/ four more pieces of land, situated near to the land owned by the petitioner. Counsel for the petitioner specifically stated that land measuring 2.55 Acres was released after issuance of notification under Section 6 of the Act. To press claim for release of land on the ground of discrimination, reliance was placed upon judgment of the Hon'ble Supreme Court in Hari Ram and another v. The State of Haryana and Others, JT 2010 (2) SC 235.