SURYA KANT, J. - (1.) The petitioner is a resident of village Bhatola, Tehsil and District Faridabad. He seeks quashing of the notifications dated 07.02.2008 and 06.02.2009 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, respectively (hereinafter referred to as 'the Act') as well as the Award dated 04.02.2011 to the extent these pertain to acquisition of his land measuring 1 kanal comprised in khewat No. 441/387 min, khatoni No. 581, Rect. No. 34//4/1 (0-10), 3/1 (0-10), situated within the revenue estate of village Bhatola, District Faridabad.
(2.) The primary grievance of the petitioner is that he has constructed a double storey residential house, a temple, kitchen, toilet-bathroom, cattle shed, 10 shops and a tubewell on the subject land. The construction was statedly raised more than 20 years ago and the photographs, electricity bills coupled with the revenue record supporting such averment have also been appended. The petitioner also relies upon a decision of this Court dated 10.12.2013 passed in CWP No.9085 of 2009 (Raj Singh and others v. State of Haryana and others) wherein the land under acquisition pertained to the adjoining village of Faridpur, District Faridabad and the said land was also, like the petitioner's land, acquired for the development of residential and commercial Sectors 76, 77 and 78 at Faridabad under the Haryana Urban Development Authority Act, 1977. In Raj Singh and others' case (supra), this Court dealt with the issue re: release of residential house/structures in the light of the binding precedents of the Hon'ble Supreme Court as well as the Policy of the State Government and allowed the writ petition in the following terms:- ".......[13] For the reasons afore-stated, we allow this petition and quash the acquisition of petitioners' houses and/or other structures along-with sufficient open space. The petitioners shall be entitled to the release of their residential houses with structures and open space, the total area of which shall not be less than 1500 square yards. Needless to say that the release of the petitioners' houses and structures will be without prejudice to their right to claim compensation and/or allotment of plots under the Rehabilitation Policy for the acquisition of their remaining land......."
(3.) Similar view was again taken by this Court in CWP No.24113 of 2011 (Dharamveer v. State of Haryana and others) decided on 22.07.2013.;