Petitioner sought quashing of an order declining release of acquired land due to a house and Samadhi. Court found land lies vacant and falls in green belt.
The writ petition for release of land was dismissed in the interest of the land falling in the green belt.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.11277of2014(O&M)
DATE OF DECISION: 26.08.2014
Ramesh Chander …..Petitioner
versus
State of Haryana and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Chanderhas Yadav, Advocate for the petitioner
ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):
The petitioner has prayed for quashing of order dated
21.1.2014 (Annexure P-14) vide which the request of the
petitioner for release of his land has been declined.
Learned counsel for the petitioner has submitted that
on the acquired land of the petitioner there is a house and a
Samadhi of mother of the petitioner and hence the land is liable
to be released.
The petitioner had earlier filed CWP No.21933 of 2012
for the same relief i.e. release of pucca house and Samadhi which
was disposed of on 11.7.2013 with a direction to conduct a re-
survey and reconsider the case of the petitioner. The land of the
petitioner was thereafter re-surveyed and it was found that there
is a Samadhi and a small room attached to it which falls in the
green belt and hence cannot be released from acquisition.
Chand Parkash 2014.08.26 16:30 I attest to the accuracy and integrity of this document
CWP-11277-2014
- 2 -
We have perused the photographs as well as the re-
survey report and find that most of the land is lying vacant.
In view of the above, we find no ground to release the
land of the petitioner as the same falls in the green belt.
Dismissed.
(ASHUTOSH MOHUNTA)
ACTING CHIEF JUSTICE
26.08.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE
Chand Parkash 2014.08.26 16:30 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a plot containing a Samadhi and a small room falling within a green belt can be released from land acquisition.
Whether the petitioner is entitled to a release of the acquired land based on the presence of a house and Samadhi on the same.
1 provisions across 1 enactments
Ramesh Chander
State of Haryana
Ashutosh Mohunta
Harinder Singh Sidhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court