CIVIL WRIT PETITION NO. 8617 OF 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: December 09 , 2010. Parties Name Rajinder Singh and others ...PETITIONERS. VERSUS State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Augustine George Masih PRESENT: Mr. N.D.Achint, Advocate, for the petitioners. Ms. Palika Monga, D.A.G., Haryana, Mr. Amit Sharma, Advocate, for Mr. Arun Walia, for respondent No. 4. JASBIR SINGH, J. (oral) JUDGMENT This writ petition has been filed with a prayer to quash impugned award dated September 30, 2009, qua land of the petitioners measuring 295 Sq. yards, in which, as per allegation of the petitioners, they had raised construction before issuance of notification dated October 3, 2006 under Section 4 of the Land Acquisition Act, 1894 (in short the Act). It is apparent from the record that to acquire 13.15 Acres of land, notification under Section 4 of the Act was issued on October 3, 2006. CIVIL WRIT PETITION NO. 8617 OF 2010 -2- Objections filed under Section 5-A of the Act were heard and thereafter notification under Section 6 of the Act was issued on October 1, 2007 to acquire the above said land. Petitioners are the owner of 5 Kanals of land falling in Khasra No. 71//1. It was their contention that they had raised construction in about 1 Kanal of land, and rest of the land was lying vacant. Aggrieved by non-release of their land, petitioners came to this Court by filing Civil Writ Petition No. 5677 of 2008, which was disposed of by this Court on April 4, 2008, directing the respondents to consider case of the petitioners, for release of land, in the light of latest policy of the State Government not to acquire the built up area. The petitioners were directed to send a detailed representation by incorporating all the pleas taken by them in that writ petition. Thereafter the petitioners made a representation on April 21, 2008, in terms of the order passed by this Court. That was considered and partly accepted ordering release of area measuring 295 Sq. yards falling in Khasra No. 71//1. Perusal of the order dated November 7, 2008, indicates that 295 Sq. yards of land was ordered to be released because of existing construction, subject to the following conditions: “1. The applicant has to compound the construction in accordance with the Punjab Scheduled Road and Controlled Area Act, 1963 and has to seek the permission from the competent authority for change of land use. 2. The land required for road/ sector shall have to be acquired, if it relates to applicant. 3. The applicant has to deposit the development charges to CIVIL WRIT PETITION NO. 8617 OF 2010 -3- HUDA. 4. The applicant shall not institute any litigation in this regard and he has to furnish undertaking to this effect. 5. The applicant has to execute agreement with HUDA with respect to the land for release. 6. If some other conditions is to be imposed upon the appellant, the same may be imposed at its own level.” The petitioners, as per condition No. 1, filed an application on January 19, 2009, to get change of land use certificate. They also deposited an amount of Rs. 2500/- vide demand draft dated May 20, 2009. Their application for grant of change of land use certificate was considered and following intimation was sent to them on January 30, 2009 (P6): “On the above noted subject, your application mentioned under reference has been examined and found that you have not submitted requisite documents for the CLU. Therefore, you are hereby advised to submit the documents as per attached list.” The petitioners thereafter submitted all the documents, which were necessary for grant of the above said certificate. However, before their application, for grant of change of land use certificate, could be decided, Award was passed on September 30, 2009. Thereafter, the petitioners moved an application to the Land Acquisition Collector, Gurgaon, for review of the order dated September 30, 2009, and release of 295 Sq. yards of their land. When nothing was done, this writ petition was filed. In the reply filed, no specific objection to the averments made in the writ petition has been taken. An attempt has been made to deny right CIVIL WRIT PETITION NO. 8617 OF 2010 -4- of the petitioners on a ground that, before final decision on application of the petitioner, for grant of change of land use certificate, award was passed in the meantime. We are of the view that if order dated November 7, 2008, passed by the authorities is not implemented, a grave injustice will be done to the petitioners. It is an admitted fact that in land measuring 295 Sq. yards, the petitioners had raised their construction before issuance of notification under Section 4 of the Act and as per latest policy of the State Government, this land was to be kept out of acquisition. The petitioners in terms of the order passed on November 7, 2008, moved an application for grant of change of land use certificate and the same was pending when impugned Award was passed. Under the circumstances, we are of the opinion that the Land Acquisition Collector was not justified to pass an Award re: 295 Sq. yards of land, which was ordered to be released prior to the date of the passing that order. Accordingly, we allow this writ petition and quash the award to that extent and direct the authorities to comply with the order dated November 7, 2008, subject to the petitioners' fulfilling the conditions contained therein. If any document or amount of money remains to be deposited by the petitioners, they be intimated in writing to do the same within one month. After the needful is done, requisite certificate be issued to the petitioners. ( JASBIR SINGH ) JUDGE (AUGUSTINE GEORGE MASIH) JUDGE December 09 , 2010.