Civil Writ Petition No. 9291 of 2009 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No. 9291 of 2009
Date of decision: 01.07.2009
Baljit Singh …Petitioner
Versus
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE J.S.KHEHAR.
HON’BLE MR. JUSTICE S.D.ANAND.
Present: Mr. Vikram Singh, Advocate for the petitioner.
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J.S.KHEHAR,J.(Oral)
Through the instant writ petition the petitioner has impugned
the action of the respondents whereby the land of the petitioner has been
acquired by the State Government through an order dated 21.8.2008 vide
a notification issued under Section 6 of the Land Acquisition Act, 1894.
The solitary contention advanced by the learned counsel for
the petitioner during the course of hearing is that the petitioner has erected
construction on the land, and as such, in terms of orders passed in
different writ petitions, the acquired land of the petitioner should also be
released.
We have examined the solitary contention advanced by the
learned counsel for the petitioner. In furtherance of initial notice issued by
the respondents under Section 4 of the Land Acquisition Act, 1894 vide
notification dated 23.8.2007, it was open to the petitioner to file objections
under Section 5 of the said Act. The petitioner factually filed objections on
Civil Writ Petition No. 9291 of 2009 -2-
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14.9.2007. ( A copy of the aforesaid objections are available on the record
of this file as Annexure P-3). We have perused the afore-stated objections.
It is nowhere asserted at the hands of the petitioner that there was any
construction on the land of the petitioner which was sought to be acquired
by the respondents. In the aforesaid view of the above, we are satisfied
that at the time of issuance of the notification in question, the petitioner had
not raised any construction on the land in question. We are, therefore,
satisfied that there is no basis for the petitioner to claim release of land
acquired through the notification dated 21.8.2008.
For the reasons recorded herein above, the petitioner cannot
claim release of his land from acquisition proceedings.
Dismissed.
(J.S.KHEHAR)
JUDGE
July 01, 2009 (S.D.ANAND)
Pka JUDGE