JUDGMENT

Mr. G.S.Sandhawalia, J.

The present judgment shall dispose of three writ petitions i.e. CWP Nos. 9213, 10432 and 17562 of 2011. CWP No. 9213 has been filed by three petitioners in which initially only the official respondents were impleaded. At a subsequent point of time, as per the amended Memo of Parties dated 31.05.2016, respondent Nos.3 to 23 have also been brought on record. In the writ petition filed, the prayer is for quashing of the notification dated 12.09.2008 (Annexure P-1) issued under Section 4 of the LAND ACQUISITION ACT , 1894 (in short 'the Act') wherein, the land was acquired for building/extension of Police Lines at Patti Kaith Seth, Kaithal, Tehsil and District Kaithal and the area of land is 26.23 acres. Similarly, challenge was raised to the notification dated 05.06.2009 (Annexure P-2) issued under Section 6 of the Act. The prayer made in the writ petitioner is to release the land situated in various killa numbers given in the head note of the writ petitioner. The same was based on the fact that on 15.09.2010 (Annexure P- 3), a release order had been passed wherein 14.53 acres of land out of the above land had been ordered to be released on account of the fact that houses and structures existed on this land prior to Section 4 notification. The same was apparently on the basis of an application given by Shingara Singh, now arrayed as respondent No.3. It is the case of the petitioners that they have submitted an application dated 10.03.2011 (Annexure P-6) claiming release of land on the ground of parity. The petitioners admitted that they had not filed any objections under Section 5(a) of the Act as the entire chunk of the property was being acquired and the petitioners are similarly placed and the owners whose property had been released had also not taken recourse to the provisions of Section 5(a) of the Act.

2. In the reply filed by respondent No.1, it was mentioned that 93 kanals 13 marlas of land had been acquired, award of which was announced on 02.06.2011 and the compensation stood deposited with the Treasury Office at Kaithal. It was accordingly averred that 116 kanals and 4 marlas of land which was released was on account of the representation submitted on 25.02.2009. On the basis of the same, a report dated 20.08.2010 (Annexure R-1) had been obtained from the Tehsildar, Kaithal which was forwarded to the Sub Divisional Officer, Kaithal. Annexure R-2 would go on to show that the same had further been submitted to the Financial Commissioner by the Sub Divisional Officer, Kaithal and similarly report from the Deputy Commissioner dated 23.08.2010 (Annexure R-3) had also been given that there was a scattered habitation in the land under acquisition and lot of plots stood purchased for the purpose of residence and recommendation for release had been given. It is, thus, the case of the State that in view of recommendations, the aforesaid portion of land of 116 kanals and 4 marlas was released and the remaining vacant land was acquired. A distinction was sought to be made that there was a difference between the released land and the acquired land and there was scattered habitations in structures and foundations. It was accordingly justified that the land sought to be acquired was near the land already acquired and vacant land had been acquired and it was for the public purpose of extension of Police Lines at Kaithal and the suitability of the place had been decided by the State Government.

3. The reply filed by respondent No.2, the Land Acquisition Collector was also in similar terms and it has been stated that photographs have also been attached to show that the acquired land was vacant and there is scattered habitation, structures, foundations and some built up houses in the released land.

4. In the replication filed by the petitioners, reliance was placed upon the application dated 03.09.2009 given by the various land owners for release of the land to the Chief Minister to point out that those