Moti Ram vs State of Haryana

Surya Kant, J.—Notice of motion to respondent Nos. 1 & 3 only.

On our asking, Ms. Palika Monga, learned Deputy Advocate General, Haryana, accepts notice on their behalf.

Let two copies of the writ petition be supplied to the learned State counsel during the course 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 there is any necessity to issue notice to respondent No. 2 nor any counter-reply from respondent Nos. 1 & 3 is needed at this stage.

The prayer in this writ petition is to quash the notification dated 7.7.2011 (Annexure P-2) and 06.07.2012. (Annexure P-7) issued under Sections 4 & 6 the Land Acquisition Act, 1894, (here-in-after referred to as ''the Act''), respectively, on the premise that petitioners'' residential houses/structures have also been acquired. The acquisition has been made for public purpose of development of residential Sector-9-A, Jhajjar. To substantiate their plea, the petitioners have placed on record certain photographs [Annexure P-6 (colly.)]

During the course of hearing, learned counsel for the parties are ad-idem that somewhat similar plea(s) were considered by this Court in CWP No. 21480 of 2012 (Balbir Singh versus State of Haryana and others) decided on 10.07.2013, wherein also the acquisition pertained to Sector-9-A, Jhajjar.

Whether or not the residential houses were in existence at the time of issuance of notification u/s 4 of the Act is a question of fact which can be ascertained by the respondent-authorities.

The present writ petition is thus disposed of in terms of the aforementioned order dated 10.07.2013 passed in Balbir Singh''s case (supra) with a direction to the respondents to verify the assertion made by the petitioners and take an appropriate decision in accordance with the Government Policy dated 26.10.2007, within a period of four months from the date of receiving a certified copy of this order.

We further direct that if the petitioners are found to have raised construction before issuance of Section 4 notification, the acquired land to that extent shall be released without effecting the public purpose of widening of road.

Till then both the parties are directed to maintain status-quo.

Dasti.