Shri Ram vs The State of Haryana

Surya Kant, J.—Notice of motion to respondent Nos. 1 & 2 only at this stage.

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 the 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, there is no need to seek any counter-reply from respondent Nos. 1 & 2 nor its necessary to call upon respondent No. 3 at this stage.

The petitioner''s land measuring 36 kanal 18 marla situated within the revenue estate of village Dhaliawas, District Rewari, was acquired by the State of Haryana vide notifications dated 27.1.2003 (Annexure P-1) and 23.01.2004 (Annexure P-2) issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act'') respectively, followed by the Award dated 20.01.2006 (Annexure P-3). The public purpose of acquisition was the development of Sectors 18, 19 & 20 in Urban Estate, Rewari.

The petitioner''s grievance pertains to his land measuring 2 kanal 2 marlas only where he is said to have constructed shops and a residential house. He is said to have constructed the residential house and shops before issuance of Section 4 notification, hence seeks the release of these structures in accordance with the Government Policy dated 26.10.2007 and/or issued even prior thereto. The petitioner has also attempted to make out a case of discrimination on the strength of photographs (Annexure P-15) which reveal the released property almost adjoining his shops. The petitioner has placed reliance on a decision of this Court dated 19.09.2013 in CWP No. 20966 of 2011 (Vidyawati and others State of Haryana and others) and other connected cases, which also pertains to this very acquisition. Those writ petitions were disposed of with a direction to the respondents to release the constructed portion without any compromise to the public utility.

Having heard learned counsel for the parties and keeping in view the factual plea taken by the petitioner which we have briefly noticed above, however, without expressing any definite opinion in relation thereto, this writ petition is disposed of with a direction to the respondent-authorities to verify the petitioner''s claim and if found correct, take necessary decision in accordance with the observations made in the order dated 19.09.2014 passed in Vidyawanti and others'' case (supra). An appropriate decision in this regard shall be taken within a period of four months from the date of receiving a certified copy of this order.

It shall be appreciated if the petitioner is given an opportunity of personal hearing before taking any final decision.

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

Ordered accordingly.

Dasti.