Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12569 of 2014 Date of Decision: July 03, 2014 Hari Chand .....Petitioner versus State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MRS.JUSTICE LISA GILL.
***** Present : Mr.Arun Yadav, Advocate, for the petitioner.
Mr.R.D.Sharma, Senior DAG, Haryana.
-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) Notice of motion to respondent Nos.1, 3, 4 & 5 only at this stage.
On our asking, Mr.R.D.Sharma, learned Senior Deputy Advocate General, Haryana, accepts notice on their behalf.
Let four copies of the writ petition be supplied to the learned State counsel during the couRs.of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non- prosecution.
In view of the nature of order which we propose to pass, neither counter-reply from respondent Nos.1, 3, 4 & 5 is needed nor respondent No.2 be served at this stage.
The petitioner seeks quashing of the notifications dated 07.07.2011 and 06.07.2012 issued under Sections 4 & 6 Kumar Mohinder 2014.07.30 12:13 I attest to the accuracy of this order Chandigarh CWP No.12569 of 2014 [2].of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act').respectively, to the extent of acquisition of his land measuring 7 marla fully described in para No.2 of the writ petition.
The above-stated land was acquired for development and utilization of residential Sector-10, Jhajjar.
The short grievance of the petitioner is that much before issuance of notification under Section 4 of the Act, he had constructed a residential house, the photographs whereof are as Annexure P-5.
In support of the claim that house was constructed prior to Section-4 notification, a receipt regarding deposit of the electricity power charges is also relied upon.
On this premise, the petitioner contends that the residential house deserves to be released from acquisition in terms of the Government Policy dated 26.10.2007 as amended on 24.01.2011.
Reliance is also placed on various orders passed by this Court on the basis of the above-stated policy decisions.
Having heard learned counsel for the parties, it appears that the question as to whether or not the house as depicted in the photographs (Annexure P-5) was constructed prior to issuance of Section-4 notification, is essentially a question of fact which can be effectively determined by the respondent-authorities on consideration of the documents relied upon by the petitioner or any other additional document that he may produce.
Consequently, we dispose of this writ petition with a direction to the Land Acquisition Collector-respondent No.4 to verify the above-mentioned claim of the petitioner with further direction to the respondent-authorities that if the house is found to have been constructed before issuance of Section-4 notification, let an appropriate decision in terms of the above-mentioned Kumar Mohinder 2014.07.30 12:13 I attest to the accuracy of this order Chandigarh CWP No.12569 of 2014 [3].Government Policies be taken within a period of four months from the date of receiving a certified copy of this order.
Till such decision is taken, both the parties are directed to maintain status-quo regarding demolition of the existing structures.
Ordered accordingly.
Dasti.
[SURYA KANT].JUDGE July 03, 2014 [LISA GILL].Mohinder JUDGE Kumar Mohinder 2014.07.30 12:13 I attest to the accuracy of this order Chandigarh