High CourtsDivision Bench(2008) 12 P&H CK 0039

Des Raj Chela Satguru Kirpa Nand Ji vs State of Haryana and Others

Punjab And Haryana At Chandigarh · Decided on 16 December 2008 · Citation: (2009) 3 PLR 771 : (2009) 1 RCR(Civil) 614

HON’BLE JUDGES
M.M. Kumar, J · Jora Singh, J

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Judgment

5 paragraphs · 416 words

M.M. Kumar, J.—This order shall dispose of C.W.P. Nos. 18573, 18574 & 18878 of 2006 and 7640 of 2007 as common question of law and facts are involved in these petitions. However, the facts are referred from CWP No. 18573 of 2006.

2.

The proceedings for acquisition with respect to the land belonging to the petitioner were initiated on 11.11.2003 when notification u/s 4 of the Land Acquisition Act, 1894 (for brevity, the Act) and declaration dated 10.11.2004 u/s 6 of the Act were issued. The award was also announced on 8.11.2006. On the eve of the award, land of some of the land owners was released vide order dated 8.11.2006 (P-4). The instant petition has been filed on 22.11.2006 after announcement of award.

3.

After hearing learned Counsel for the parties at a considerable length we are of the considered view that by a catena of judgments, Honble the Supreme Court has now held that a writ petition after announcement of award is not maintainable to challenge acquisition proceedings. In that regard reliance may be placed on the judgments of Honble the Supreme Court rendered in the cases of Star Wire (India) Ltd. Vs. State of Haryana and Others, ; The Municipal Council, Ahmednagar and Another Vs. Shah Hyder Beig and Others, ; C. Padma and Others Vs. Dy. Secretary to the Govt. of T.N. and Others, ; and Swaika Properties Pvt. Ltd. and Another Vs. State of Rajasthan and Others, . However, learned Counsel for the petitioner has placed reliance on an order dated 25.9.2008 passed by a Division Bench of this Court in C.W.P. No. 18851 of 2006 (Jagdish Rai and Ors. v. State of Haryana and Ors.) and other connected matters, which belongs to the same acquisition. The Division Bench has directed the respondents to decide the representations of the petitioners in that case.

4.

Therefore, without accepting the prayer made by the petitioners for quashing of acquisition proceedings, we dispose of these petitions with a direction to the Director, Urban Estates, Haryana, to entertain the representations of the petitioners and decide the same on merit within a period of four weeks from the date of receipt of such representations. The representations by the petitioners shall be made under Registered A.D. cover by incorporating all the pleas which have been raised in these petitions, within a period of two weeks from the date of receipt of a certified copy of this order.

The writ petitions stands disposed of in the above terms.