TMI Blog2001 (8) TMI 1374X X X X Extracts X X X X X X X X Extracts X X X X ..... a High Court on 13th August, 1998 in which eight writ petitions filed by the appellants and others were decided . Six out of the eight writ petition, Nos.4955, 6036, 4091, 8059, 5994 and 5174 of 1997 were dismissed while Writ Petition Nos.5160 and 6012 of 1997 were allowed and the notification under section 6 of the Land Acquisition Act, 1894 (for short the Act), insofar as it related to the petitioners in those two cases was quashed. The High Court by a separate judgment rendered on 8.4.1999 dismissed eight other similar writ petitions Nos.16399/96, 15228, 15549 of 1997, 403, 3524, 3677, 4752 15511 of 1998. In another judgment rendered on 17.2.2000 the High Court dismissed the Civil Writ Petition No.8275/1997. Since the relevant fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appellant No.2 Ram Kumar Gupta, recommended to the State Government for exclusion of the lands on the ground that there were structures standing on the same. The State Government, however, did not accept the recommendation and stood by the decision to acquire the land with the structures thereon. Notifications were issued under sections 6 and 9 of the Act in due course. In the writ petitions filed by the appellants the objections taken before the Land Acquisition Collector were reiterated and the High Courts intervention was sought for releasing the lands on the ground of invalidity of the Notification under section 6 of the Act and also on the ground for exclusion of the land with structures from acquisition. The High Court, on exa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther lands lying within the area notified who had sought exclusion of their property on the ground of existing structures the prayer was accepted and the lands were excluded from acquisition. The learned counsel for the appellants referring to the map showing different plots with structures in the area notified pointed out how lands lying close to the lands of the appellants have been excluded from acquisition while the prayer of the appellants has been turned down. Shri Mahabir Singh, learned counsel appearing for the State of Haryana contended that the request of the appellants for exclusion of their property from acquisition was not accepted since the constructions on their lands were either B class or C class constructions whereas th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t remains to be seen whether the purported classification of existing structures into A, B and C class is a reasonable classification having an intelligible differentia and a rational basis germane to the purpose. If the State Government fails to support its action on the touch-stone of the above principle then this decision has to be held as arbitrary and discriminatory. It is relevant to note here that the acquisition of the lands is for the purpose of planned development of the area which includes both residential and commercial purposes. That being the purpose of acquisition it is difficult to accept the case of the State Government that certain types of structures which according to its own classification are of A class can be allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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