Abhay Singh vs State of Haryana

Surya Kant, J.—The petitioners assail the acquisition of their land vide notifications dated 13.05.2010 and 12.05.2011 issued under Sections 4 and 6 of the Land Acquisition Act, 1894. One of the plea taken by the petitioners is that their residential house as depicted in the Photographs [P-14] has also not been exempted contrary to the Government Policy dated 26.10.2007 as modified on 24.01.2011.

At the out-set, it is pointed out by learned Additional Advocate General, Haryana that this very acquisition was subject matter of challenge in a bunch of writ petitions decided by this Court on 29.11.2013 [lead case being CWP No. 14340 of 2011 (Sultan Singh & Ors. Vs. State of Haryana & Ors.)]. Those writ petitions were disposed of with certain directions to the respondents including to take a fresh survey of the area and release those properties which fall within the ambit of the Government Policy.

Since in the case in hand also, the petitioners rely upon the policy dated 26.10.2007 for the release of their residential house, we dispose of this writ petition in terms of the decision in Sultan Singh''s case [supra] with a direction to the respondents to conduct a fresh survey and take an appropriate decision for the release of the petitioners'' residential house, within a period of two months from the date a certified copy of this order is received.

Disposed of. Dasti.