COCP No. 4 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 4 of 2010 Date of decision:- 5.10.2010 Kishan Sahai and others ......petitioners vs. Sh. T. C. Gupta, Chief Administrator and others ......respondents CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. P.R. Yadav, Advocate for the petitioners Ms. Preeti Khanna, Advocate for respondents No. 1, 2 and 3. Mr. Aman Chaudhary, Addl. AG, Haryana for respondent No. 4. HEMANT GUPTA, J (ORAL) Petitioners have invoked the contempt jurisdiction of this Court alleging willful disobedience of an undertaking given to this Court on 16.11.2007. The said undertaking reads as under: - Learned counsel for the State of Haryana submits that “constructed area with proportionate vacant land, comprised in Khasra No. 1440 has already been released.” Learned counsel for the petitioners submits that in view of the statement of learned counsel for the State of Haryana, the petitioners would be satisfied if a proper demarcation is made, to which learned counsel for the State of Haryana readily agrees. In view of the consensus between the parties, CWP COCP No. 4 of 2010 -2- No. 14299 of 2006 does not survive. Hence, disposed of. Facts leading to the said undertaking needs to be noticed. Vide notification dated 24.8.2000 under section 4 of the Land Acquisition Act 1894 (hereinafter referred to as the 'Act'), 6 biswas of land comprising in Khasra No. 1440 was intended to be acquired. In pursuance of the said notification, petitioners filed objections under Section 5-A of the Act. On the basis of the objections raised, the said 6 biswas of land was not included in the notification under Section 6 of the Act for the reasons that their existed pacca construction over the said area. Vide another notification dated 9.6.2003 under Section 4 of the Act, the remaining 6 biswas of Khasra No. 1440 was intended to be acquired. No objections to the said acquisition was filed under Section 5-A of the Act and notification under Section 6 of the Act was published on 2.6.2004. It is the case of the respondents that after the award was announced in respect of the said land, the possession was taken by Haryana Urban Development Authority. The petitioner challenged the acquisition of land measuring 6 biswas intended to be acquired by notification dated 9.6.2003 in civil writ petition No. 14299 of 2006. In such writ petition, filed by the petitioner, challenging the notification under Section 4 dated 9.6.2003 and notification under Section 6 dated 2.6.2004, the petitioner relied upon Khasra Girdawari (Annexure P-7) to contend that the entire Khasra No. 1440 had construction. The writ petition came up for hearing before this Court on September 8 2006. The arguments raised by learned counsel for the petitioner reads as under:- COCP No. 4 of 2010 -3- “Learned counsel for the petitioners contends that the houses of the petitioners are situated in a part of Khasra No. 1440 in Section 57 of the Village Wazirabad, District Gurgaon. It is further contended that the area under the houses, was released from acquisition as is clear from Annexure P-6. However, now, vide notice dated 27.07.2006, Annexure P-10, issued by the Land Acquisition Officer, Urban Property, Haryana, Gurgaon, the same land over which the houses of the petitioners have been constructed, is sought to be taken over and demolished. Notice of motion for 20.11.2006. Meanwhile, the petitioners shall not be dispossessed from the house, situated in khasra No. 1440”. Respondents filed written statement giving the details of acquisition of land comprising in Khasra No. 1440 vide notification dated 24.8.2000 and subsequent acquisition by notification dated 9.6.2003 and the extent of construction. It was inter alia stated as under: - 3. “That khasra No. 1440 situated in the revenue estate of village Wazirabad Tehsil and Distt. Gurgaon, to the extent of 6 Biswas only was notified under section-4 on 9.6.2003 in the present acquisition proceedings. Khasra No. 1454 situated in the revenue estate of village Wazirabad Tehsil and Distt. Gurgaon was not notified in the present acquisition proceedings. It is pertinent to mention here that the land measuring 6 biswas of the petitioner in khasra No. 1440 situated in the revenue estate of village Wazirabad Tehsil and Distt. Gurgaon has already been acquired in the present acquisition proceedings. The said land in dispute of the petitioners was totally vacant at the time of issuance of notification u/s-4 of the L.A. Act and the same has been acquired for public purpose as per the mandatory provisions of the L.A. Act. Hence, the petitioners are not entitled to COCP No. 4 of 2010 -4- challenge the acquisition proceedings at this stage. The present Civil Writ Petition deserve d smissal on this score alone. 5. That the total land of khasra No. 1440 situated in the revenue estate of village Wazirabad Tehsil and Distt. Gurgaon was 12 biswa. There was construction of the petitioners in said khasra and the said construction along with proportionate vacant land is not the subject matter of the present acquisition proceedings. Out of 12 biswa only 6 biswa of the land in khasra No. 1440 was notified and acquired vide award No. 16 dated 20.12.2005. The petitioners has wrongly inserted khasra No. 1454 situated in the revenue estate of village Wazirabad Tehsil and Distt. Gurgaon in order to mislead the Hon'ble Court. Hence, the present Civil Writ Petition filed by the petitioners deserve dismissal on this ground also”. The petitioner did not file any rejoinder to such assertions made by respondents in the written statement. It is in this factual background, the aforesaid order dated 16.12.2009 was passed by this Court. Thus, there was construction of the petitioners on Khasra No. 1440 to the extent of 4 rooms varanda, kitchen and latrin total measuring 50'x60', one kothi total measuring 40'x30' one tin shed measuring 30'x12'. The said construction along with proportionate vacant land total measuring 6 biswas which was released is not the subject matter of present acquisition proceedings. Rest of the land measuring 6 biswa in Khasra No, 1440 which was totally vacant at the relevant time has been acquired vide present acquisition proceedings. Learned counsel for the petitioners contends that since Khasra No. 1440 reflects construction in the Khasra Girdawari, therefore, the entire land measuring 12 biswas cannot be possessed by the respondents as the COCP No. 4 of 2010 -5- statement made by Counsel is to the effect that constructed portion shall be released. I do not find any merit in the said argument. The stand of the respondents was clear and categorical that 6 biswas of land comprising in Khasra No. 1440 had construction and that such part of land has been released from acquisition which was intended to be acquired by notification dated 24.8.2000. In respect of remaining 6 biswas of land comprising in Khasra No. 1440, it was categorical stand of the respondents that it was vacant land. Such factual assertion has not been disputed by the petitioner in the writ petition by filing rejoinder to the written statement dated 9th May, 2007. Therefore, the statement made by the Counsel for the State that the constructed area with proportionate vacant land ''stands already released'' is referable to the previous acquisition vide notification dated 24.8.2000 and not to the notification dated 9.6.2003. In view of the said fact, I do not find any case is made out for continuation of the present contempt petition proceedings. Consequently, the present contempt petition is dismissed. (HEMANT GUPTA) JUDGE 5.10.2010 preeti