In the High Court of Punjab and Haryana at Chandigarh
CWP No. 11096 of 2008
Date of decision:2.7.2008
Chandra and others
......Petitioners
Versus
State of Haryana and others
.......Respondents
CORAM: HON'BLE MR.JUSTICE M.M.KUMAR
HON'BLE MRS. JUSTICE SABINA
Present: Mr.S.K.Wadhwan, Advocate,
for Mr.N.D.Achint, Advocate,
the petitioners.
****
JUDGMENT
M.M.KUMAR, J.
The prayer made by the petitioners in the instant petition
is for quashing of notification dated 3.10.2006 (Annexure P-21)
issued under Section 4 of the Land Acquisition Act, 1894 (for brevity
‘the Act’) and declaration dated 1.10.2007 (Annexure P-25) made
under Section 6 of the Act. In so far as the land belonging to the
petitioners has been acquired, it is admitted case of the petitioners
that no award has so far been passed.
At the outset, learned counsel for the petitioners states
that the petitioners would give up challenge to the acquisition
proceedings and they would be satisfied if directions are issued to
the respondents to consider their case for release of their land in
pursuance to the State policy, which reads thus:-
CWP No. 11096 of 2008 -2-
“(1) No request will be considered after one year
of award. Only those requests will be considered by the
Governments where objections under Section 5-A were
filed.
(2) Any request or application where structures
have been constructed will only be considered for the
release under Section 48(1) provided the structure exists
prior to Section 4 and is inhabited.
(3) Any factory or commercial establishment
which existed prior to Section 4 will be considered for
release.
(4) Any religious institution or any building owned
by community will also be considered for release.
(5) Any land in respect of which an application
under Section 3 of the Haryana Development and
Regulation of Urban Areas Act, 1975, has been made by
the owners prior to the award for converting the land into
a colony, may also be considered for release subject to
the condition that the ownership of the land should be
prior to the notification under Section 4 of the Act.
(6) That the Government may also consider
release of land in the interest of integrated and planned
development for the lands where the owners have
approached the Hon’ble Courts and have obtained stay
dispossession.
Provided that the Government may release
CWP No. 11096 of 2008 -3-any land on the grounds other than stated above under
Section 48(1) of the Act under exceptionally justifiable
circumstances for the reasons to be recorded in writing.”
Notice of motion.
Mr.Ashish Kapoor, learned Additional Advocate General,
Haryana, who is present in Court, accepts notice. Two copies of the paper
book have been handed over to him.
After hearing learned counsel for the parties and taking
into consideration the fact that in similar circumstances, this Court on
17.12.2007 had passed an order in CWP No.16396 of 2007 while
disposing of the petition by issuing directions to consider the request
of those petitioners to be made by way of a representation under
Section 48 of the Act for release of the constructed portion with
proportionate vacant space in terms of the aforementioned policy, we
also accept the prayer made by the petitioners. We also notice the
statement made by learned counsel for the petitioners that the
petitioners have given up challenge to the acquisition proceedings
and have confined their prayer for release of their land in terms of the
policy. Let the decision be taken in accordance with the policy within
four weeks from the date of receipt of a representation with a copy of
this order.
Petition stands disposed of in the above terms.
(M.M.KUMAR)
JUDGE
(SABINA)
JUDGE
July 02, 2008
anita