Remanded

Raj Bala & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC27 Aug 2014CWP/11472/2014

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana directed the State Government to conduct a fresh survey of petitioners' lands to determine the release area based on prior directions in CWP No.23386 of 2011. Pending the orders, further construction or sale was restrained.

What did the court decide?

Direction to respondent to conduct re-survey and determine area for release, with directions to refrain from construction or sale until final orders.

Raj Bala & Ors. Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.11472of2014(O&M)
DATE OF DECISION: 27.08.2014

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Raj Bala 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.JUSTICEASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU

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Present: Mr. Babbar Bhan, Advocate for the petitioners

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ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):

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Notice of motion.

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 Ms. Palika Monga, Deputy Advocate General, Haryana

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accepts notice for the State.

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The State of Haryana issued notifications on 18.12.2008
and 17.12.2009 under Sections 4 and 6 of the Land Acquisition
Act, 1894, Annexures P/1 and P/2, respectively, whereby land
measuring 67.19 acres situated within the revenue estate of Dadri
(Hadbast No.147), District Bhiwani including the petitioners’
lands/plots was acquired for a public purpose, namely, Transport,
Commercial & Communication and Road, Sector-10 Part, Dadri.

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 The question that arises for consideration in this writ

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petition is whether residential houses, other structures or
partially built vacant plots owned by the petitioners deserve to

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Chand Parkash 2014.08.27 16:58 I attest to the accuracy and integrity of this document

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CWP-11472-2014

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be released from acquisition in terms of the State Government
Policy dated 26.10.2007 modified on 24.01.2011.

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Learned counsel for the petitioners submits that the

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petitioners have raised construction on their respective lands,

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the description of which is as under:-

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`Sr.No`	`Name of petitioner`	`Description of land`
`1.`	`Raj Bala,` `Petitioner No.1`	`Land measuring 400 sq. yards comprised` `in Khewat No.2261, Khatoni No.2457,` `Killa` `Nos.14/181,` `Hadbast` `No.147,` `situated in revenue estate of Village` `Dadri, Tehsil Charkhi Dadri, District` `Bhiwani.` `(Purchased vide registered sale deed` `No.5814 dated 23.03.2006)`
`2.`	`Joginder,` `petitioner No.2`	`Land measuring 1 kanal – 1 marla along` `with` `his` `sisters` `in` `equal` `shares` `comprised in Khewat No.2384, Khatoni` `No.2592, Hadbast No.147, situated in` `revenue estate of Village Dadri, Tehsil` `Charkhi Dadri, District Bhiwani.` `(Purchased vide registered sale deed` `No.840 dated 06.06.2005)`
`3.`	`Dalpat,` `petitioner No.3`	`Land measuring 1 kanal, Khewat No.172,` `Khatoni No.182.` `(Purchased vide Sale Deed No.1948 dated` `30.08.2001)`
`4.`	`Rajender Kumar,` `petitioner No.4`	`One-third share in land measuring 8` `kanals 17 marlas comprised in Khewat` `No.112/109,` `Khatoni` `No.130,` `Hadbast` `No.147,` `as` `per` `Jamabandi` `1984-85` `situated in revenue estate of Village` `Dadri, Tehsil Charkhi Dadri, District` `Bhiwani.` `(Purchased vide registered sale deed` `No.1580 dated 7.9.1980)`

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Chand Parkash 2014.08.27 16:58 I attest to the accuracy and integrity of this document

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CWP-11472-2014

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`5.`	`Tara Chand,` `petitioner No.5`	`Land measuring 900 sq. yards comprised` `in Khewat No.206, Khatoni No.208, Killa` `Nos.145//20/2, 21/1, 146//16, 24,25,` `171//3/2, Hadbast No.147, situated in` `revenue estate of Village Dadri, Tehsil` `Charkhi Dadri, District Bhiwani.` `(Ancestral property)`
`6.`	`Ajit Singh,` `petitioner No.6`	`Land measuring 900 sq. yards comprised` `in Khewat No.206, Khatoni No.208, Killa` `No.145//20/2,` `21/1,` `146/16,` `24,25,` `171//3/2, Hadbast No.147, situated in` `revenue estate of Village Dadri, Tehsil` `Charkhi Dadri, District Bhiwani.` `(Ancestral property)`
`7.`	`Pawan Kumar,` `petitioner No.7.`	`Plot measuring 14 marlas out of total` `land measuring 2 kanals – 18 marlas` `comprised in Khewat No.143, Khatoni` `No.164, Killa No.185/11 and also plot` `measuring 425 sq. yards comprised in` `Khewat No.176, Khatoni No.186, Hadbast` `No.147, situated in revenue estate of` `Village Dadri, Tehsil Charkhi Dadri,` `District Bhiwani.` `(Purchased vide registered sale deed` `No.2003 dated 01.12.1997)`

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Learned counsel for the petitioners has placed reliance
on a judgment of this Court in CWP No.23386 of 2011 (O&M) titled
as Kuldeep Singh vs. State of Haryana and another, decided on

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20.8.2013 wherein directions were issued to conduct a fresh
survey of the properties owned by each of the petitioners.

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 After hearing learned counsel for the parties, we

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dispose of this writ petition with a direction to respondent No.3
to conduct a re-survey of the lands of the petitioners and re-

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Chand Parkash 2014.08.27 16:58 I attest to the accuracy and integrity of this document

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CWP-11472-2014

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determine the area if the same is to be released in terms of the
directions and observations made in CWP No.23386 of 2011.

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further construction or sale, etc. till appropriate orders are
passed by the respondents, preferably, within a period of four
months from the date of receipt of a certified copy of this
order.

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27.08.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE

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Chand Parkash 2014.08.27 16:58 I attest to the accuracy and integrity of this document

Raj Bala & Ors. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Raj Bala & Ors. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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