IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.14697 of 2008 Date of decision: 28.1.2009 Manmohan Bir Singh. -----Petitioner Vs. The State of Punjab and others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE JITENDRA CHAUHAN Present:- Mr. G.S. Sirphikhi, Advocate for the petitioner. Mr. Manmohan Lall, Addl.A.G., Punjab. ----- ORDER: 1. This petition seeks quashing of award dated 9.9.2004, Annexure P-3. 2. Case of the petitioner is that his land was acquired in pursuance of notification dated 26.4.2000 under Section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) which was followed by notification dated 11.5.2000 under Section 6 of the Act. The purpose of acquisition, as per notification, was construction of Gadhrian Drain Burji. C.W.P. No.14697 of 2008 3. Only contention put forward in the writ petition is that the award was beyond two years on the date of publication of notification under Section 6 of the Act. 4. In the reply filed, preliminary objection has been raised that the petition is barred by delay and laches. It is further stated that the award has already been implemented and possession taken. Compensation has been received by the petitioner. This petition has been filed four years after the award. The drain has already been carved out which is to help the inhabitants to prevent damage by storage of rainy water. In para 3, it is stated that CWP No.7926 of 2000 was filed by Rajbir Singh etc., wherein dispossession was stayed. The writ petition was dismissed on 24.7.2001. SLP was also dismissed against the said order on 24.8.2001. 5. We have heard learned counsel for the parties. 6. Even though it has not been disputed that the award is beyond the statutory period under Section 11-A of the Act, having regard to the fact that the petitioner kept quite for four years after the award and that the drain had already been dug out for which the petitioner has already taken the compensation, we are of the view that interference under Article 226 of the Constitution is not called for. 7. The petition is dismissed. ( ADARSH KUMAR GOEL ) JUDGE 2 C.W.P. No.14697 of 2008 January 28, 2009 ( JITENDRA CHAUHAN ) ashwani JUDGE 3