JUDGMENT

V. GOPALA GOWDA, J.

Delay condoned. Leave granted.

2. These appeals are filed by the appellant questioning the correctness of the judgment and final Order dated 05.04.2011 passed in C.W.P. No. 7746 of 2009 and order dated 16.12.2011 passed in Review Application No. 388 of 2011 by the High Court of Punjab and Haryana at Chandigarh, urging various facts and legal contentions in justification of his claim.

3. Necessary relevant facts are stated hereunder to appreciate the case of the appellant and also to find out whether the appellant is entitled for the relief as prayed in this appeal.

The appellant is the owner of 5 Kanals 6 Marlas of land out of which 934 square yards have been left out of acquisition. On 07.02.2008, under the Haryana Urban Development Authority Act, 1977, the Haryana Urban Development Authority issued a notice for acquisition of land including that of the appellant for public purpose namely, for the development and utilization of the land as residential and commercial purposes. The notification was issued under Section 4 of the Land Acquisition Act, 1894 (in short ‘the Act’) and the Land Acquisition Collector, Urban Estate, Faridabad, Haryana was authorized to issue public notice on the substance of notification at convenient places in the locality. He was also authorized to survey upon the land and take necessary action regarding the same. The appellant filed a detailed objection under Section 5A of the Act categorically stating that the appellant has raised an A Class construction on the concerned area in the year 1999-2000 and therefore, inclusion of the land for the purpose of acquisition is not justified. In the meanwhile, on 10.03.2008, the said land was released by the Authority in favour of Ritwiz Builders and Developers Pvt. Ltd. However, on 15.09.2008, the Land Acquisition Collector considered the objection filed by the appellant under Section 5A of the Act and as per his report, exempted the land of the appellant from acquisition since there was already a residential building on the land on the date of the notification. In spite of the report produced by the Land Acquisition Collector, the Haryana Urban Development Authority vide notification dated 06.02.2009 made a declaration that the appellant’s land is to be acquired for the development of residential and commercial Sector Nos. 76,77 and 78 for which the notification was initially issued on 07.02.2008.

4. It is the case of the appellant that while issuing the notification under Section 6 of the Act, the property adjoining to the land of the appellant, which belongs to one M/s. Harpreet Food, was released. Though the respondent Authority has released a portion of the appellant’s property, some part of the built-up and constructed portion of the house was not released.

5. The appellant therefore, filed a writ petition before the High Court of Punjab and Haryana registered as Writ Petition No. 7746 of 2009, challenging the acquisition of his land by the Authority. The said petition got tagged along with other similar petitions filed by different affected parties and the Writ Petition No. 7711 of 2009, titled New Vidya Niketan Educational Society Vs. State of Haryana & Ors. was made the lead case.

6. The High Court, after hearing both the parties concluded that in all the writ petitions, construction was raised in an unauthorized manner without getting any permission either under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 or under the relevant Municipal laws. Even then in some cases, relief was granted by releasing some portion of the land under construction and ordering acquisition of vacant land. The action taken by the Authority was held perfectly justified. The Review Application No. 388 of 2011 filed by the appellant against dismissal of his C.W.P. No. 7746 of 2009 was also dismissed on 16.12.2011. Hence, these appeals.

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