DHARAM PALversusSTATE OF HARYANA AND ORS.

                        [2008] 17 S.C.R. 564


A                          DHARAM PAL
                                  II.
                 STATE OF HARYANA AND ORS.
                  (Civil Appeal No. 7287 of 2008)

                       DECEMBER 15, 2008
B
        [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
                       SHARMA, JJ.J
                                                                        ....._
        Land Acquisition Act, 1894:
c       ss.4 and 6 - Notifications under - Writ petition
  challenging legality of Notifications on the ground that
  constructions made by writ petitioner was acquired whereas
  similar kind of constructions made with regard to others
  similarly situated persons were left out - Dismissed - It wcis
D held in Jagdish Chand case* that there was no justification
  to exclude the structures of one class and not to exclude the
  structure of other classes - Relying on that case, the
  impugned judgment of High Court is set aside - Appeal                  •
  disposed of with directions to State to consider objections of
  writ petitioner only so far as they relate to exclusion of the land
E
  to the extent occupied by the structure and also to decide the
  existence and extent of structure which existed prior to s.4(1)
  Notification - The directions would be applicable only te such
  cases where the residential structures were made prior to .
  issuance of s.4(1) Notification and appellant was actually
F residing there.
                                                                         }-
      Jagdish Chand and Anr. v. State of Haryana and Anr.
  2005(10) sec 162 and Sube Singh and Ors. v. State of                               .
  Haryana and Ors. 2001 (7) sec 545, relied on.
                     Case Law Reference:
G
      2005(10) sec 162         relied on       Paras 3, 4, 5
      2001 (7) sec 545         relied on       Paras 3, 5
      CIVIL APPELLATE JURISDICTION : Civil Appeal No.                    \ .......


H
  7287 of 2008.
                                 564
                                                                                 ·-
                                                                                     .-
                       DHARAM PAL v. STATE OF HARYANAAND ORS.                      565


                        From the Judgment and final Order dated~2.2064-eftoo              A
                   High Court of Punjab and Haryana at Chandigarh in Civil Writ
 "' ~              Petition No. 10939 of 2003.
                        Naresh Kaushik and Lalita Kaushik for the Appellant.
                        The Judgment of the Court was delivered by
                                                                                          8
                        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        c
                   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          D
                   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)              E
                   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                 F
             ...   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         G
                       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 case 1 which reads:
---                    (SCC p. 549)
                                                                                          H

 .....,,
    566         SUPREME COURT REPORTS                  [2008] 17 S.C.R.
                                                                            e ,.,,..
A         "12. In the result, the appeals are allowed. The judgments
          under challenge are set aside, the orders passed by the              ~    )o(

          State Government rejecting the representation of the
          appellants are quashed. The Secretary, Urban Estates
          Department, State of Haryana, Respondent 1 herein, is
B         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              A
          for construction of a road or hospital. Respondent 1 shall
          give opportunity of hearing to the appellants before taking
c         the decision. The exercise shall be completed
          expeditiously if possible within three months. There will,
          however, be no order as to costs."
      5. In view of what has been stated in Jagdish Chand's
  case and Sube Singh's case (supra), we set aside the
D 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
E         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
F         amenities.
                                                                              1--
          (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 ·4(1)
G         notification.
          (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 tt.ie plots to the appellant. The
H         appellant shall be bound to take that additional area and
..,                DHARAM PAL v. STATE OF HARYANA AND ORS.
                            [DR. ARIJIT PASAYAT, J.]
                                                                          567

                   also be bound to pay the cost of such area as is              A
                   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    B
            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         c
            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
                                                                                 D
            both the parties, uninfluenced by observations made in the
            impugned orders of the High Court.
      k
                8. We make it clear that these directions are given on the
            peculiar facts of these cases and are not intended for ariy
            general application.
                                                                                 E
                   9. The appeal is disposed of accordingly.
            D.G.                                       Appeal disposed of.




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