Punjab-Haryana High Court
Smt. Chand Rani Wife Of Sh. Dev Datta ... vs The State Of Haryana And Another on 7 September, 2010
Bench: Jasbir Singh, Augustine George Masih
CWP No. 1714 of 1987 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 1714 of 1987
Date of decision: 07.09.2010
Smt. Chand Rani wife of Sh. Dev Datta Gupta
..... PETITIONER
VERSUS
The State of Haryana and another
..... RESPONDENTS
CORAM:HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Rajesh Garg, Advocate,
for the petitioner.
Mr. Kamal Sehgal, Addl. A.G. Haryana.
***
JASBIR SINGH, J. (ORAL)
This writ petition has been filed to lay challenge to a notification, issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'), on 31.12.1982 proposing to acquire a vast track of land including land of the petitioner (1000 Sq. Yard). Further challenge is to the declaration issued under Section 6 of the Act on 09.11.1983. Award passed on 27.01.1984 is also under challenge in this writ petition.
It is contention of the counsel for the petitioner that in spite of construction existing in the land of the petitioner, as per policy of the State Government, it was not released from acquisition. CWP No. 1714 of 1987 2
Be that as it may, during pendency of this writ petition, vide order dated 06.06.1991, on an application moved by the petitioner, Local Commissioner was appointed to ascertain a fact as to whether any construction in khasra Nos. 3388//1773/1 and 1775 exists or not. Relevant portion of the Local Commissioner's report dated 08.07.1991 reads thus:-
" The site is situated near the Mehroli Road adjoining to Govt. College, Gurgaon. On Khasra No. 1773, there are two huts (with kaccha walls & the roof is of chhapper), two kaccha rooms with roof of Esbesto sheets and one tubel. On Khasra No. 1775, there is only one kaccha room with roof of Esbesto sheets. Both the sites are covered by boundary wall which according to neighbors is recently made. Except the above mentioned kaccha huts and kaccha rooms there is no other construction at the site khasra Nos. 3838/1773/1 and 1775."
From reading of the report, it appears that there was very scanty construction, which may have been raised by the petitioner at the spot after issuance of notification under Section 4 of the Act. This fact is affirmed in view of the averments made by the petitioner in para No. 2 of the writ petition, wherein it is stated that the petitioner wants this land for construction of her residential house.
It is an admitted fact that this writ petition was filed after passing of the Award on 27.01.1984. In view of the ratio of judgments passed by the Hon'ble Supreme Court in the cases of Municipal Corporation of Greater Bombay vs. Industrial Development and Investment Company (P) Limited, (1996) 11 SCC 501; Municipal CWP No. 1714 of 1987 3 Council, Ahmednagar vs. Shah Hyder Beig, (2000) 2 SCC 48; C.Padma vs. Deputy Secretary to the Government of Tamil Nadu, (1997) 2 SCC 627; Star Wire (India) Ltd. vs. State of Haryana, (1996) 11 SCC 698 and M/s Swaika Properties Pvt. Ltd. vs. State of Rajasthan, JT 2008 (2) SC 280, possibly this writ petition cannot be entertained.
Be that as it may, counsel for the petitioner has failed to show any discrimination done to the petitioner and further that how the State Government has violated its policy in releasing the land under acquisition.
In view of the facts mentioned above, we feel that no case is made out for interference by this Court.
Dismissed.
( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE September 07, 2010 pj