JAGDISH CHANDAR DHAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAGDISH Chander Dhawan through present writ filed by him under Article 226 of the Constitution of India seeks issuance of a writ in the nature of certiorari so as to quash notifications dated February 23, 1989 and February 22, 1990, Annexure P-1 and P-2 issued under Sections 4 and 6 of the Land Acquisition Act. Before the matter might proceed any further it may be mentioned that this matter had come up for hearing with other bunch of petitions as a few questions involved in all the petitions were common. In Ram Kishan v. State of Haryana, CWP 1725 of 1992 decided on July 6, 1994, the common questions were decided. The challenge to the notifications on the said common grounds was rejected. The matter is now reported in 1995(1) R.L.R. 45. The contention based exclusively upon the merits of this case is with regard to leaving from the array of acquisition the constructed portion with commensurate open area as per policy of the Government.

(2.) IT is the case of the petitioner that he purchased land comprised in Khewat No. 434 measuring 28 Kanals situate within the revenue estate of Tarf Mukdoom Jadgan vide registered sale deed dated June 19, 1985 for a consideration of Rs. 10.50 lacs. The mutation of the land was sanctioned in favour of the petitioner on May 7, 1986. He purchased another piece of land measuring 12 Marlas comprising in Khewat No. 435; again situate in Tarf Makdoom Jadgan, mutation whereof was sanctioned in his favour on May 7, 1986. In this manner the petitioner was owner in possession of the land measuring 28 Kanals 12 Marlas. It is the positive case of the petitioner that he had purchased the said land after having converted the foreign currency into Indian currency with an object to construct a 5 Star Hotel after taking necessary permission. Immediately after purchasing the land he constructed a palatial house having covered area of approx. 8000 sq. feet. There exists a boundary wall upto the height of 8' which covers whole of the land detailed above. The nature of the construction is 'A' Class and marble, teak wood etc. has been used in raising the construction and the wood work. The roofs of the building are of concrete lintel and there are various iron big gates in the boundary wall. It is further the case of the petitioner that the construction was made prior to the issuance of the notification and this fact is enough to be proved from letter dated April 18, 1988 issued under Section 12 of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963. The petitioner had received yet another notice dated February 27, 1989, copy whereof has been annexed with the petition as Annexure P-3. It is this constructed area with commensurate/equivalent vacant area which is sought to be left out from the array of acquisition mentioned above on the dint of the policy issued by the Government on that behalf.