GOKAL CHAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant petition is directed against the notifications dated 29.1.2003 (Annexure P.3) and 28.1.2004 (Annexure P.6)issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity 'the Act').

(2.) The principal ground urged in support of the petition is that the petitioner has his pucca house in the land and the same is required to be exempted. A perusal of the revenue record (Jamabandi Annexure P.1) shows that there is land described as Gair Mumkin measuring 3.0 bighas. The petitioner has also attached some photographs (Annexure P.4) which depict construction of naked bricks which have been fixed by the use of mud and mortar. It is claimed that such construction should be exempted from the acquisition by exercising powers under Section 48 of the Act.The photographs and other material placed on record shows that in any case the construction is in the middle of the acquired land which is to likely obstruct the planning.

(3.) We have heard learned counsel at some length and are of the view that this petition is wholly without merit. The construction raised by the petitioner appears to be kacha construction and the petitioner has not shown that there is possibility of exercise of power under Section 48 of the Act. It is well settled that release of land under Section 48 of the Act cannot be resorted to arbitrarily by releasing those pockets of land which are in the middle of the whole track obstructing the planning. Therefore, we are not impressed with the submission made by the learned counsel that the land along with the structure belonging to the petitioner be released from acquisition. There is thus no merit in the petition and the same is dismissed.