ISHWAR SINGH Vs. STATE

JUDGEMENT

(1.) Petitioners pray for a writ in the nature of certiorari so as to quash notification dated 28th March, 1985, and 15/16th January, 1986, Annexures P-1 and P-2, respectively, issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short, the Act).

(2.) The only ground pressed into service is that inasmuch as the petitioners have constructed their houses in Khasra Nos. 2811 Min, 2812 and 2813 prior to issuance of the notification under Section 4 of the Act, the policy of the Government to exempt constructed houses or buildings wouldnot permit the respondents to acquire the constructed houses of the petitioners.

(3.) In the written statement filed by the respondents, the construction of the house of the petitioners in Khasra No. 2811 has been admitted. It has further been admitted that as per policy taken by the Government to the effect that all constructed portions existing at the time of issuance of notification under Section 4 of the Act be left out, the constructed house of the petitioner in Khasra No. 2811 has been excluded from acquisition. However, in so far as the construction in Khasra Nos. 2812 and 2813 is concemed, the same is stated to have been raised after issuance of the notification under Section 4 of the Act.