IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 23.01.2025 Date of Decision : February 05, 2024 MOHAN SINGH AND ANOTHER ...Petitioners V/S STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE VIKAS SURI Present : Mr. Mohan Singh-Petitioner No.1 in person.

Mr. Pravindra Singh Chauhan, Advocate General, Haryana with Mr. Ankur Mittal, Addl. AG, Haryana Mr. P.P. Chahar, Sr. DAG, Haryana and Mr. Saurabh Mago, DAG, Haryana.

Mr. Ankur Mittal, Advocate with Ms. Kushaldeep Kaur, Advocate, Ms. Saanvi Singla, Advocate and Mr. Siddharth Arora, Advocate for HSIIDC.

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SURESHWAR THAKUR, J.

1. Through the instant writ petition the petitioners pray for the quashing of notifications, as became respectively issued, 28.10.2013 and, on 27.10.2014 (Annexure P-1 and P-4), notifications whereof become respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act of 1894”).

FACTS OF THE CASE

2. The State Government through the Department of Industries issued notification dated 23.12.2005 under Section 4 of the Act of 1894, for acquisition of land measuring 278 acres 1 kanal 1 marla of villages Dhakola, Saha, Tepla and Jawahargarh, Tehsil Saha District Ambala, for setting up of the Growth Centre, Saha, Phase-ll, Tehsil Saha, District Ambala.

3. Keeping in view the recommendations of the LAC, Ambala and the comments of the HSIIDC, the State Government issued declaration dated 29.12.2006 under section 6 of the Act notifying 274 acres 4 kanal 16 marla land of villages Dhakola, Saha, Tepla and Jawahargarh, Tehsil Saha, District Ambala.

4. Aggrieved by the above acquisition proceedings, a number of landowners made representations before the Government for release of their structures viz. residential houses, shops, religious buildings etc. Accordingly, it was observed that the total blocks of the acquired land, thus having structures may be released from the acquisition wherebys the State Government issued notification dated 25.07.2008 under Section 48 of the Act of 1894, whereupon the releases were made of lands measuring 28 acres 1 kanal 10 marla of villages Dhakola, Saha and Tepla, Tehsil Saha, District Ambala. The LAC, Ambala, announced the apposite award on 15.11.2008, wherebys become effectively concluded the launched acquisition proceedings, wherebys excepting qua the released lands to the (supra), in respect whereof there was a stay against dispossession of the other lands, the possession qua all the other lands, thus covered by the subject award, also became assumed by the competent authority.

5. Aggrieved by the acquisition of their land, various landowners approached this Court by way of writ petitions. The petitioners also approached this Court by way of CWP No.19293 of 2008, titled ‘Mohan Singh and another v. State of Haryana and others’ seeking release of their land. The said writ petition along with a bunch of other CWPs pertaining to the said land acquisition was allowed by this Court vide order 16.12.2010 in CWP No.1048 of 2008 titled ‘Deepak Aggarwal and others v. State of Haryana and others’ as the lead case. Relevant portion of the order dated

16.12.2010 is as under:-

“Accordingly, we allow these writ petitions (except CWP No.108 of 2009) qua the petitioners in all the writ petitions, excluding those petitioners who have not filed objections under Section 5-A of the Act and also those who have accepted compensation for the land under acquisition and quash the impugned notifications. However, liberty shall remain with the State to acquire the land in question, if we need be, as per law.”

6. Aggrieved by the judgment dated 16.12.2010 rendered by this Court in CWP No.1048 of 2008, some of the petitioners in CWP No.1048 of 2008, approached the Hon’ble Supreme Court by way of filing SLP No. 27987-988 of 2011 titled ‘Davinder Singh v. State of Haryana and others’, but the said SLP, rather became dismissed by the Hon'ble Supreme Co