SUKHDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition Nos. 420 & 421 of 1992 us common issues are involved in both these cases.

(2.) WHILE the residential houses of the petitioners in civil writ petition No. 420 of 1992 are located in Khasra Nos. 18/1/1 of Rectangle No. 215 on the land measuring 1441 square yards, the house of petitioner in civil writ petition No. 421 of 1992 is located in khasra Nos. 23 & 24/1 of Rectangle No. 225 on the land measuring 3 kanal 18 marlas.

(3.) WE have heard learned counsel for the parties and perused the photographs of the residential houses of petitioners produced before us during the course of hearing. If the houses as depicted in the photographs are in existence at the site, we are of the considered view that besides equivalent size of open space, other constructed portions too deserve to be released from acquisition in consonance with the Government policy dated 26.10.2007 as amended vide another Government policy dated 24.1.2011 which has been upheld by the Hon'ble Supreme Court in Patasi Devi v. State of Haryana and others : (2012) 9 S.C.C. 503.