CWP No.11311 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11311 of 2014 Date of Decision: 13.08.2014 Sunita and others …Petitioners Versus State of Haryana and others ....Respondents CORAM: HON’BLE Mr.JUSTICE ASHUTOSH MOHUNTA ACTING CHIEF JUSTICE and HON’BLE Mr.JUSTICE HARINDER SINGH SIDHU Present: - Mr.Sanjeev Kadan, Advocate for the petitioneRs.-- ASHUTOSH MOHUNTA , ACJ.
(Oral) In this writ petition, challenge is laid to the acquisition of land vide notifications dated 06.07.2012 issued under Section 4 of the Land Acquisition Act, 1894 whereby the land of the petitioners has been acquired for the development of Sector 9-A, Jhajjar.
The record reveals that several opportunities have been granted to the respondents to file their reply/affidavit but the same has not been submitted so far.
Keeping in view the nature of relief sought in these writ petition and the fact that meanwhile re-survey is said to have been conducted by the concerned Authorities, we do not deem it necessary to grant more opportunity to the respondents for the above stated purpose as the matter can be disposed of otherwise.
The principal contention of the petitioners is that the land, acquisition whereof is under challenge in the writ petition, is a thickly populated area where they have constructed their residential houses/ ancillary properties.
In order to make out a ATUL KUMAR TRIPATHI201408.21 15:23 I attest to the accuracy and integrity of this document CWP No.11311 of 2014 -2- case of release of the constructed properties in terms of the Government policy dated 26.10.2007 [P-5]., the petitioners have placed on record photographs depicting their respective constructions.
There are a few petitioners who have pointed out that though the plots owned by them are still vacant, however, the same are surrounded by constructed houses and/or are located in a thickly populated area and no public purpose can be achieved by acquiring the same.
Since the precise case of the petitioners before us is that [i].they have constructed their residential houses/properties; [ii].their vacant plots can not be utilized for regulated development of any Urban Sector; [iii].their residential houses/plots are located in a thickly populated area; [iv].a part of the subject land is being utilized for various public utilities like schools/other Institutions and [v].since the above stated factual averments made by the petitioners have not been controverted by the respondents so far, coupled with the fact that there exists Government's policy to release the acquired properties constructed before issuance of notification under Section 4 or wherever it is not found feasible to utilize the same for public purpose, we dispose of this writ petition with a direction to the respondents to conduct a fresh survey of the land in question after notice to the petitioners so as to facilitate the identity of their properties.
The re-survey shall be conducted essentially to find out whether the constructed properties or the vacant plots of the petitioners can be released without affecting the development plan of Sector 9A, Jhajjar.
If the authorities find CWP No.11311 of 2014 -3- that the properties of the petitioners can be released without any detrimental effect to the public purpose and/or such release falls within the four-corners of their policy, necessary orders to this effect shall be passed by them.
Let this exercise be undertaken as expeditiously as possible and preferably within a period of four months from the date a certified copy of this order is received.
Till appropriate decision is taken, the parties shall maintain status-quo.
Disposed of.
(ASHUTOSH MOHUNTA) ACTING CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE1308.2014 Atul