Allowed

Subh Ram and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC26 Aug 2010CWP/3289/1984

Case brief

AI extract

What is this about?

The Court allowed the writ petition challenging notifications under the Land Acquisition Act, 1894. Relying on a Deputy Commissioner's report stating the Gram Panchayat had sufficient land and did not object to its use, the Court held the petitioner's land was no longer needed for the intended purpose and quashed the notifications.

What did the court decide?

The writ petition is allowed and the impugned notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 are quashed.

Subh Ram and Ors. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.3289 of 1984(O&M) Date of decision: 26.8.2010

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Shubh Ram and others

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…..Petitioners

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versus

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State of Haryana and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih

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Present: Mr.V.K.Jain, Senior Advocate with Mr.Prashant Vashisth, Advocate for the petitioners Mr.Kamal Sehgal, Addl.A.G. Haryana

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Jasbir Singh, J. (Oral)

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C.M. No.11752 of 2010

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Application allowed. Affidavit is taken on record.

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CWP No.3289 of 1984

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By filing this writ petition, the petitioners have laid challenge to a notification dated 25.11.1982, issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), proposing to acquire land of the petitioners. Further challenge is to a notification, issued under Section 6 of the Act on 30.5.1984.

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As per the notifications, land was proposed to be acquired to provide housing accommodation to the economically weaker section of the village population. On 12.8.2010, following order was passed by this Court:-

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Civil Writ Petition No.3289 of 1984(O&M)

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“In view of the affidavit dated 5.8.2008, Sarpanch of Gram Panchayat, Village Jurasi has stated that the land owned by the Gram Panchayat at a small distance from the village, is available and Gram Panchayat has no objection if a part of the said land is used for residential purposes for weaker section of the society as per provisions of Punjab Village Common Lands (Regulation) Rules, 1964.

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On 23.7.2010, we passed the following order :-

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“Notice to acquire land was issued in the year 1982. State counsel is directed to seek instructions as to whether the village abadi has extended up to the land shown in pink colour in the site plan. Further whether in the year 2007 under the latest policy, the plots have been given to the weaker section of the society or not, for whom the land was acquired.”

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In view of the above facts, we direct the State counsel to get instructions as to whether the land in question is still needed for the purpose for which it was acquired. The affidavit of the Principal Secretary, Financial Commissioner, Revenue and Rehabilitation Department be filed in the Court. If the information is not supplied before the next date of hearing, the officer concerned shall come present in the Court.

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Adjourned to 26.8.2010.

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Copy of the order be given dasti to the State counsel under the signatures of the Court Secretary. “

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In response to above said order, an affidavit of Mr.Naresh Gulati, Financial Commissioner and Principal Secretary to Govt. Haryana, Revenue Department, Chandigarh has been placed on record. Paragraph Nos.3 and 4 of the affidavit read thus:-

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“3. That the report of the Deputy Commissioner, Mewat was sought regarding the current requirement of the above mentioned land of village Jorasi to be acquired for the purpose of allotment of residential plots to landless/ homeless Harijans and members of backward classes in village Jorasi. The

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Civil Writ Petition No.3289 of 1984(O&M)

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concerned Deputy Commissioner has submitted his report, wherein it is stated that the Gram Panchayat of village Jorasi has sufficient land in its ownership in the Northern side of village and the concerned Gram Panchayat has no objection in case the residential plots are allotted out of Gram Panchayat land. Therefore, the residential plots can be allotted to the landless/ homeless persons out of the Panchayat land.

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4. That keeping in view of the report of the Deputy Commissioner, Mewat, land of the petitioner, measuring 13 kanal 19 marla is not needed for the purpose for which it was to be acquired, namely for the allotment of residential plot to landless/ homeless Harijans and members of backward classes in village Jorasi, Tehsil Nuh (Gurgaon).”

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In the affidavit filed, it is specifically stated that in view of the changed circumstances, land owned by the petitioners, measuring 13 kanals 19 marlas is not needed for the purpose, for which, it was acquired. In view of this, the writ petition is allowed and the impugned notifications are quashed.

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(Jasbir Singh) Judge

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26.08.2010 (Augustine George Masih) gk Judge

Subh Ram and Ors. v. State of Haryana and Ors.

Case brief

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Subh Ram and Ors. v. State of Haryana and Ors.

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