DHARAM PAL Vs. STATE OF HARYANA & ORS.
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Challenge in this appeal is to the order passed by a Division Bench of
the Punjab and Haryana High Court dismissing the writ petition questioning
legality of the Notification dated 24.8.2000 issued under Section 4 of the
Land Acquisition Act, 1894 (in short the `Act') as also the declaration under
Section 6 of the Act dated 22.8.2001. The only ground which was pressed
into service during arguments was that the construction made by the
appellant has been acquired whereas similar kind of constructions made
with regard to others similarly situated persons have been left out. The
High Court did not find any substance in the plea and dismissed it.
3. During the course of hearing, learned counsel for the appellant
placed strong reliance on the judgment of this Court in Jagdish Chand &
Anr. v. State of Haryana and Anr. (2005 (10) SCC 162). This Court in
Jagdish Chand's case (supra) relied on earlier judgment of this Court in
Sube Singh & Ors. v. State of Haryana and Ors. (2001 (7) SCC 545).
4. Though, no one appeared for the respondent-State and its
functionaries in spite of service of notice, a counter affidavit has been filed.
In Jagdish Chand's case (supra) it was observed as follows:
"6. This Court in a similar situation, though on a different
ground, dealing with the structures of three different classes,
found that there was no justification to exclude the structures of
Class `A' only and not to exclude structures of Classes `B' and
`C'. In that background, and on the facts of those cases, gave
the directions as contained in paragraph 12 of the
aforementioned case1 which reads: (SCC p. 549)
"12. In the result, the appeals are allowed. The
judgments under challenge are set aside, the orders
passed by the State Government rejecting the
representation of the appellants are quashed. The
Secretary, Urban Estates Department, State of
Haryana, Respondent 1 herein, is directed to
consider the objection petitions filed by the
appellants for exclusion of their properties from
acquisition and pass appropriate order excluding
such lands having structures on them excepting
any land which is required for construction of a
road or hospital. Respondent 1 shall give
opportunity of hearing to the appellants before
taking the decision. The exercise shall be
completed expeditiously if possible within three
months. There will, however, be no order as to
5. In view of what has been stated in Jagdish Chand's case and Sube
Singh's case (supra), we set aside the impugned judgment of the High Court
and dispose of the appeal on the following terms:
(1) The Secretary, Urban Estates Department, State of Haryana is directed
to consider the objections of the appellant only so far as it relates to
exclusion of the land to the extent occupied by the structure and appropriate
open area around the structure for the beneficial enjoyment of the appellant.
However, this direction shall not come in the way of the authorities in
removing the structures, if required for the purposes of road, hospital and
other civic amenities.
(2) The Secretary, Urban Estates Department shall decide not only the
existence of the structures prior to Section 4(1) notification or subsequent
to, he shall also decide the extent of structure which existed prior to Section
(3) It is also open to the authorities to make adjustment or readjustment
of plots for the purpose of planned development and in case it becomes
necessary, to give a little additional area from the plots to the appellant. The
appellant shall be bound to take that additional area and also be bound to
pay the cost of such area as is chargeable to other allottees. The appellant
shall also be bound to pay the developmental charges as is charged from
other allottees. It is open to the parties to place documents or material in
support of their contentions.
6. We expect that as far as possible, the respondents shall try to retain
the structures, unless it becomes difficult for them to have a planned
development without removing them in view of what is stated above.
7. The above directions will be applicable only to such of the cases
where the residential structures are made prior to the issuance of Section 4
(1) notification and the appellant is actually residing there. However, in case
of any dispute as to whether the structures were made prior to Section 4(1)
notification or later, the Secretary, Urban Estates Department shall
determine that question after affording opportunities to both the parties,
uninfluenced by observations made in the impugned orders of the High
8. We make it clear that these directions are given on the peculiar facts
of these cases and are not intended for any general application.
9. The appeal is disposed of accordingly.
(Dr. ARIJIT PASAYAT)
(Dr. MUKUNDAKAM SHARMA)
December 15, 2008