High Court Punjab-Haryana High Court

Nabbal And Others vs State Of Haryana And Others on 7 January, 2009

Punjab-Haryana High Court
Nabbal And Others vs State Of Haryana And Others on 7 January, 2009
Civil Writ Petition No.15470 of 2007                              -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.


                             Civil Writ Petition No.15470 of 2007

                             Date of Decision: January 07, 2009


Nabbal and others                                       .......Petitioners

                    Versus

State of Haryana and others                            .......Respondents




CORAM:- HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
        HON'BLE MR.JUSTICE JITENDRA CHAUHAN



Present:    Mr.Arun Jain, Senior Advocate with
            Mr.Shiv Kumar, Advocate
            for the petitioners.

            Mr.Ashish Kapoor, Additional Advocate General, Haryana.

            Mr.Kamal Sehgal, Advocate for HSIIDC.


                         ---


ADARSH KUMAR GOEL, J.

This petition seeks quashing of notification dated 31.7.2006

under Section 4 of the Land Acquisition Act, 1894 and notification dated

9.8.2007 under Section 6 of the said Act.

The case of the petitioners is that they belong to Backward

Class Community. In the year 1976, under the scheme of “Indira Awas

Yojna” the petitioners were allotted 3 Marla plots each on certain conditions

to construct their houses. They were also given grant for construction. In
Civil Writ Petition No.15470 of 2007 -2-

the year 1986, they constructed the houses and they have been living in the

said houses since then. The impugned notifications have been issued under

Sections 4 and 6 of the Land Acquisition Act, 1894 without any public

purpose and without application of mind to the issue whether the petitioners

who were landless could be dispossessed.

In the reply filed on behalf of the respondents, the impugned

action has been justified, inter alia, on the ground that the land in question

was contiguous to the Industrial Model Town and there was public purpose

of implementation of projects of Haryana State Industrial Infrastructure

Development Corporation Limited for which the land was required. The

objections were also filed. The petitioners have not filed any objections

under Section 5-A of the Act. In para 6 of the reply, it has been stated that

the petitioners are eligible to avail the benefits of a policy for resettlement

and rehabilitation of landowners, framed by the State Government, vide

notification dated 7.12.2007.

We have heard the learned counsel for the parties and perused

the records.

In view of reply filed on behalf of the respondents, we do not

find any ground for holding that the land has been acquired without any

public purpose. At the same time, the State having itself accepted that the

petitioners are eligible for benefits of human rehabilitation, the State must

take steps to rehabilitate the petitioners in accordance with its policy, before

their dispossession.

The writ petition is disposed of accordingly by upholding the

acquisition but with a direction that stay of dispossession granted by this

Court on 4.10.2007 will continue till the State rehabilitates the petitioners in
Civil Writ Petition No.15470 of 2007 -3-

the above manner and till the petitioners are compensated for the structures

built by them for which award is said to have been announced.



                                            ( ADARSH KUMAR GOEL )
                                                    JUDGE



                                             ( JITENDRA CHAUHAN )
January 07, 2009                                    JUDGE
SRM