C.W.P. No. 5007 of 1987 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5007 of 1987 Date of Decision: November 08, 2010 Gurmit Kaur and another ---Petitioners versus The Punjab State ---Respondent Coram: HONBLE MR. JUSTICE JASBIR SINGH HONBLE MR. JUSTICE AUGUSTINE GEORGE MASIH *** Present: Mr. Sushant Batish, Advocate, for Mr. R.K.Battas, Advocate, for the petitioners. Mr. Manohar Lall, Addl. A.G. Punjab. *** JASBIR SINGH, J. (Oral) By filing this writ petition, the petitioners have laid challenge to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act') both on 14.01.1987. Heard counsel for the parties. It is apparent from the record that vide notifications mentioned above, a vast track of land measuring 175 Kanal 7 Marlas owned by the petitioners was proposed to be acquired, for a public purpose, namely, to set up a Sugar Mill. Petitioners came to this Court and vide order dated 06.08.1987, C.W.P. No. 5007 of 1987 2 dispossession of the petitioners was stayed from the land in question. Thereafter, an application was moved by the respondents stating that possession of the land had already been taken by them. Taking note of the same, vide order dated 09.12.1987, status quo was ordered to be maintained. On 30.08.2010, following order was passed by this Court:- “ Affidavit of Sh. Sukhwinder Singh Bajwa, General Manager of the Nakodar Cooperative Sugar Mills Ltd., Nakodar, District Jalandhar, has been filed in Court and the same is taken on record. It is an admitted fact that notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') read with Section 17 of the Act and Declaration under Section 6 of the Act was issued to acquire land of the petitioners on 14.01.1987. The land was acquired for setting up a Co-operative Sugar Mill. Though not invited, the petitioners filed objections, which were dismissed vide order dated 31.03.1987. Counsel for the petitioners states that even by now, neither Award has been passed nor any compensation has been paid to the petitioners for the acquired land. Financial Commissioner (Development) and Secretary to Government of Punjab, Department of Cooperation, Chandigarh, to file an affidavit stating:- (i) What was the emergency to acquire the land, because of which provisions of Section 17 of the Act were invoked? (ii) Whether compensation, as is mandatory under the provisions of the Act, was offered to the petitioners? If so, C.W.P. No. 5007 of 1987 3 when? Proof for the same be also put on record. (iii) If the petitioners have refused to accept the compensation, whether it was deposited with the Land Acquisition Collector or not? (iv) When Award was passed? Affidavit be filed before the next date of hearing. Adjourned to 15.09.2010. Copy of the order be given dasti to the State counsel under the signatures of the Court Secretary of this Court.” In response thereto, an affidavit has been filed by Dr. B.C.Gupta, IAS, Financial Commissioner, Cooperation and Secretary to Government of Punjab, Chandigarh, wherein it has been stated as under:- “1. The emergency to acquire the land, because of which provisions of Section-17 of the Act were invoked was to implement the Sampath Committee Report. The same is attached herewith as Annexure 'A'. 2. The award was announced on 29.9.1987. The copy of the same is attached herewith as Annexure 'B'. 3. The compensation as per award was released by Land Acquisition Collector vide bank draft No. 052632 dated 14.9.1988 and draft No. 052633 dated 14.9.1988. The proof of the same is attached herewith as Annexure 'C'. 4. It is further pertinent to mention here that the petitioners approached District Judge, Jalandhar for enhancement of the amount of compensation under Section 18 of Land Acquisition Act, 1894 and the amount of compensation was enhanced as C.W.P. No. 5007 of 1987 4 well. The copy of the order dated 2.5.1990 vide which amount was enhanced is attached herewith as Annexure 'D'. 5. That as per order of enhancement dated 2.5.1990, the Satluj Cooperative Sugar Mills Ltd., Nakodar, Distt. Jalandhar deposited the amount ordered to be paid vide cheque No. 662451 dated 12.1.1992 in the Court itself. The copy of the same is attached herewith as Annexure 'E' and copy of the voucher is attached herewith as Annexure 'F'.” Vide order dated 17.09.2010, counsel for the petitioners sought time to verify the facts narrated in the above-said affidavit. However, no information has been supplied to us. Taking note of the facts and circumstances of this case, we feel that at this stage, no relief can be granted in favour of the petitioners . In the affidavit filed by Dr. B.C.Gupta dated 13.09.2009, it is stated that to implement the Sampath Committee Report, land was acquired by invoking the emergency provision. Award was pronounced on 29.09.1987 and compensation was released on 14.09.1988. It is also mentioned in the affidavit that the petitioner, after accepting the compensation amount, filed an application under Section 18 of the Act and vide order dated 02.05.1990, compensation amount was enhanced by the competent Court. The said amount was also deposited with the competent authority on 12.01.1992. In view of the facts mentioned above, no relief can be given to the petitioners. After acquisition of the land, Sugar Mill was constructed thereon and is running at the spot. The petitioners had also accepted the compensation and approached the Court for its enhancement and the amount of compensation was enhanced and the same was also deposited on C.W.P. No. 5007 of 1987 5 12.01.1992 with the Land Acquisition Collector by the authorities. In view of the above, this writ petition is dismissed. (JASBIR SINGH) JUDGE (AUGUSTINE GEORGE MASIH JUDGE November 08, 2010 pj