KISHORE CHHABRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the High Court of Punjab and Haryana whereby the writ petition of the appellant, calling in question the order dtd. 17/8/2010 passed by the respondent/State rejecting his representation for release of his land from acquisition, has been dismissed.

(2.) Briefly stated, the facts of the matter are that the appellant is the owner in possession of the land and constructed area measuring 386 sq. yards and 3078 sq. yards at Sultanpur, Sonipat, Haryana having purchased the same from the owner of M/s. Haryana Kamoplast Industries, Sonipat vide sale deed dtd. 4/8/1986.

(3.) Mr. Nidhesh Gupta, learned senior counsel appearing on behalf of the appellant strenuously urged that in respect of the same Notification of the same village the State has released the land, and on the other hand, land of the appellant has not been released although the same is similarly situated, as such, the appellant has been singled out in a discriminatory manner. Learned senior counsel would refer to and rely upon various orders passed by the State Government directing release of the land both at the pre-award and post-award stage. It is further submitted that there is a running factory on the subject land since 1970 i.e. even before the issuance of Notification under Sec. 4 of the Act, therefore, his case for release of the land squarely falls within the parameters set forth in the State Government's policy dtd. 26/10/2007. Learned senior counsel would also urge that the order dtd. 17/8/2010 rejecting appellant's representation is unsustainable as the same has been passed without assigning any reason. Learned senior counsel has placed reliance on "Sube Singh vs. State of Haryana",(2001) 7 SCC 545 , "Hari Ram Vs. State of Haryana",(2010) 3 SCC 621 , "Sham Lal vs State of Punjab",(2013) 14 SCC 393 , "Haryana State Industrial Development Corporation vs. Shakuntla",(2010) 12 SCC 448 , "Raghbir Singh Sehrawat vs. State of Haryana",(2012) 1 SCC 792 , "Patasi Devi vs. State of Haryana",(2012) 9 SCC 503 , " Usha Stud & Agricultural Farms (P) Ltd. vs. State of Haryana",(2013) 4 SCC 210 , "Women's Education Trust vs. State of Haryana",(2013) 8 SCC 99 , "Siemens Engg. & Mfg. Co. of India Ltd. vs. Union of India,(1976) 2 SCC 981 & "State of Punjab vs. Bandeep Singh".(2016) 1 SCC 724