HARMINDER SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer of the petitioners is for issuance of a writ in the nature of certiorari so as to quash notifications dated 28th March, 1986 (Annexure P. 1) and 16th January, 1986 (Annexure P.2) issued under sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as the Act), respectively.

(2.) It has been pleaded in para 2 that the petitioners are owners of land measuring approximately 5,000 square feet, with a boundary wall 8' high above the road level. Out of the said area, 3,300 square feet is covered with first class construction, i.e. brick work in 1:6 and R.C.C. roof, having marble chips flooring. The covered area consists of four shops and two godowns with two living rooms, two outhouses and staircase. The positive case of the petitioners is that the said construction came into being prior to issuance of notification under section 4 of the Act. In reply, the respondents have stated that the entire constructed portion on Khasra No. 3034 as existing at the time of issuance of notification under section 4 of the Act has already been excluded from acquisition.

(3.) I have already held in Civil Writ Petition 835/1986 (Rattan Lal v. The State of Haryana, etc.) decided on October 1, 1991 that where constructed portions are left out from the array of acquisition as per policy decision of the Government, proportionate land has also to be left from the acquisition. The facts of the present case are identical to the writ petition referred to above and the present writ petition is accordingly allowed in the same terms, leaving the parties to bear their own costs.