The court dismissed the petition challenging land acquisition for a road, observing sufficient remnant land exists for cremation. However, it directed authorities to expedite providing an alternative cremation ground in another sector.
Direction to expedite provision of alternative cremation land in Sector 52-A within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No. 13701 of 2009
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 13701 of 2009
Date of decision: 05.08.2010
Rajinder Yadav son of Sh. Hans Ram and others
….. PETITIONERS
VERSUS
State of Haryana and another
….. RESPONDENTS
CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Sanjay Vij, Advocate, for the petitioner.
Ms. Palika Monga, DAG, Haryana, for the respondents.
JASBIR SINGH, J. (ORAL)
Petitioners are residents of village Tikri, Tehsil and District Gurgaon. Vide notification dated 12.12.2008, issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (for short 'the Act,), the respondents sought to acquire land falling in Khasra No. 20/2/2 min measuring 17 Biswas and 10 Biswansi, which is under challenge. Further challenge is to the notification issued under Section 6 of the Act on 07.01.2009. This writ petition was filed in the public interest.
CWP No. 13701 of 2009
2
It is case of the petitioners that the land in question falling in Khasra No. 20/2/2 total measuring 1 Bigha 6 Biswas was cremation ground and if the area is allowed to be acquired, as proposed, no area shall be available to cremate dead bodies in the village.
It is not in dispute that the land was acquired to provide approach road from Sohna road to Treatment Plant in Sector 48, Gurgaon. During pendency of this writ petition, Sh. S.K.Chahal, HCS, Land Acquisition Collector, Gurgaon had filed an affidavit on 10.02.2010. Para No. 2 of the affidavit reads thus:-
“2. That it is submitted that license has been granted by the Govt. to develop the commercial site which is under construction pertaining to M/s Vipul Ltd. situated in the west of the 24 meter proposed wide road from Sohna road to Sewerage Treatment Plant Sector-48. The same has been shown in the green colour on the approved layout plan as attached with this affidavit, Annexure R1. In the east of this site the remaining part of cremation land is there which is shown in the red colour.”
On 08.03.2010, following order was passed by this Court:-
CWP No. 13701 of 2009
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We have perused the site plan annexed with the above-said affidavit and also the revenue record, it becomes apparently clear that even after acquiring land for construction of the road, 8 Biswas 10 Biswansi of land is available for the cremation ground.
In view of a fact that the land was acquired for construction of a road, it is not possible for us to order release of the land under acquisition.
At the time of arguments, State counsel by making reference to the noting of Sh. V.K.Sheokand, Executive Engineer, HCS, Division No. 5, HUDA, Gurgaon, states that the authorities are proposing to provide cremation ground in Sector 52-A for the convenience of the village of the petitioners. Copy of the noting sheet has been shown to us in Court.
In view of the above, we dispose of this writ petition with a direction that if there is a proposal to provide an alternative land for the cremation ground, the same be expedited and the relief be granted to the petitioners expeditiously.
Needful be done within a period of three months' from the date of receipt of a copy of this order.
( JASBIR SINGH ) JUDGE
( AUGUSTINE GEORGE MASIH ) JUDGE
August 05, 2010 pj
2 issues framed by the court
Whether land acquired for a road can be released when petitioners claim it is a cremation ground.
Whether an alternative arrangement for a cremation ground can satisfy public interest concerns.
2 provisions across 1 enactments
Rajinder Yadav and others
State of Haryana and another
Jasbir Singh
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
