OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to release the entire constructed area, including residential house with boundary, tubewell and memorial/samadh of his parents in view of policy dated 24.01.2011 (Annexure P-6).

(2.) Learned State Counsel has informed this Court that in the earlier Civil Writ Petition bearing No.14365 of 2012, which was disposed of on 08.08.2014, LAC has filed a written statement, in which it is stated that on the land of the petitioner measuring 4 bighas 12 biswas, one room and one samadh was existing and this land could not be released from the acquisition, as it was in the centre of the development master plan. However, the Division Bench of this Court had disposed of the above-said writ petition by giving directions to give alternate plots to the petitioner.

(3.) Learned State Counsel has also informed that pursuant to the directions given by this Court in the year 2014, letters have been sent to the present petitioner in the year 2014, 2016 and 2019, and commercial site was offered to the petitioner. Learned State counsel further states that in the present writ petition, no ground is made out for considering the case of the petitioner afresh for release of the room and samadh on the land, as the judgment of this Court passed in 2014 has attained finality.