SHIV DAYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Even though prayer in this petition filed under Article 226 of the Constitution of India is to quash the Act, the only prayer made by the learned counsel for the petitioner at the time of arguments is to leave from acquisition the vacant portion that adjoins the constructed portion of the land.

(2.) However, in the context of the facts of the case, no relief can be granted to the petitioner. It has not been specifically averred in the petition as to on how much area there was construction in existence at the time of issuance of notification under Section 4 of the Land Acquisition Act.

(3.) All that has been mentioned is that there was a temple also in the acquired area. In the written statement filed on behalf of the respondents it has clearly been averred that the vacant area equivalent to constructed area has already been left out and has not been acquired and that being so, no further relief can be granted to the petitioner. Dismissed.