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RAM PARSAD & ORS versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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RAM PARSAD & Ors v. STATE OF HARYANA & Ors - CWP-14731-2004 [2006] RD-P&H 4761 (25 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CASE NO.: CWP No.14731 of 2004

DATE OF DECISION: July 21, 2006

RAM PARSAD AND OTHERS ...PETITIONERS

VERSUS

STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON'BLE MRS. JUSTICE NIRMAL YADAV.

PRESENT: MR. NAVNEET CHOKAR, ADVOCATE FOR THE PETITIONERS, MR. ASHISH KAPUR, ADDL.A.G., HARYANA.

ASHUTOSH MOHUNTA, J. (ORAL)

The petitioners have prayed for quashing the Notification, Annexure P-5 and P-6 issued under Section 4 & 6 of the Land Acquisition Act dated 15.11.2002 and 12.11.2003, respectively by which the lands of the petitioners alongwith the lands of various other persons have been acquired.

The contention of the petitioners are that they have constructed their houses on the land in dispute, therefore, the lands be released from acquisition. CWP No.4271 of 2001 and other connected matters were sent to a High Powered Committee constituted by the State of Haryana for consideration that whether the lands of various land owners can be released from acquisition or not. The Committee has considered the matter and has opined that the lands of the petitioners falls within the 50 mts. Green Belt along the National Highway No.8 and therefore, the lands of the petitioners have been recommended for acquisition.

As the lands of the petitioners fall within the 50 mts. Green Belt alongwith the National Highway, hence we find no ground to release the land from acquisition and quash the Notification. Apart from the above, as the Notification under Section 6 was issued on 12.11.2003, therefore, even the award must have been passed. In view of the above, the writ petition is dismissed.

(ASHUTOSH MOHUNTA)

JUDGE

July 21, 2006 (NIRMAL YADAV)

Gulati JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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