CIVIL WRIT PETITION NO. 18634 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: January 10, 2011. Parties Name M/S RSG Housing & Finance Pvt. Ltd. ...PETITIONER VERSUS The State of Haryana and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Aman Pal, Advocate, for the petitioner Mr. Kamal Sehgal, Addl. A.G., Haryana; Jasbir Singh, J. (oral) JUDGMENT This writ petition has been filed to lay challenge to a notification dated October 3, 2006 issued under Section 4 of the Land Acquisition Act, 1894 (in short the Act) proposing to acquire 293.45 Acres of land, including about 6 Bighas of land, owned by the petitioner. Further challenge has been laid to a notification issued under Section 6 of the Act on October 1, 2007. Still further Award passed on September 30, 2009, is under challenge in this writ petition. CIVIL WRIT PETITION NO. 18634 OF 2009 -2- Admittedly, factum of acquisition was to the knowledge of the petitioner. He filed objections under Section 5-A of the Act to oppose the proposed acquisition but failed. Notification under Section 6 of the Act was issued on October 1, 2007. It is stated by the petitioner that for the land under acquisition, licence to develop a colony had already been issued in the year 2004, as such acquisition was not justified. If the petitioner had any grievance, it was his bounden duty to lay challenge to the action of the respondents before passing of an Award on September 30, 2009. Petitioner slept over the matter and after passing of an Award, in view of the judgment of the Hon'ble Supreme Court in the case of Sawaran Lata etc. v. State of Haryana and others, (AIR 2010 Supreme Court 1664), this writ petition is not maintainable. Be that as it may, it is also coming out from the record that after start of the process of acquisition in the month of October, 2006, the petitioner sold 9 Biswas and 5 Biswansis of land. Dispute in this case is with regard to land falling in Khasra No. 556 (0B -18 B), in which the petitioner has 5/6th share and Khasra No. 566 (5 B - 4 B), in which the petitioner has 5/9th share. In reply filed at the instance of respondents No. 2 to 6, it is averred as under: “5. That the total area of Khasra No. 556 was rectified vide Fard Badar No. 2 and it was corrected as 0B-10B instead of 0B- 18B in revenue records. Accordingly Takseem intkal No. 2216 was approved on 22.8.2006 and the petitioner company became owner of only an area measuring 0B-0B-15B comprised in Khasra No. 556/1 whereas licence for an area measuring 0B- CIVIL WRIT PETITION NO. 18634 OF 2009 -3- 8B-6B falling in Khasra No. 556 min was granted. The answering Respondents had no role to play in reduction of the licenced land of the petitioner company. Very nominal licenced land under the ownership of the petitioner has been acquired. The present writ petition deserves to be dismissed on this ground also. 7. That the petitioner has purchased the land falling in Khasra No. 556/2 measuring 0B-9B-5B vide registered sale deed No. 2280 dated 13.04.2007 i.e. After notification under section 4 of Land Acquisition Act, 1894 and applied for grant of licence for the same in collaboration with M/S Ambiance Farms Pvt. Ltd. but the request of petitioner for grant of said licence was not considered as the applied land was purchased after notification under section 4 of Land Acquisition Act, 1894 and was not covered under the policy. Hence, there is no merit in this averment of the petitioner also.” Purchase of land by the petitioner from its so-called subsidiary company, namely,M/S Ambiance Farms Pvt. Ltd. does not find mention in this writ petition. If the petitioner has purchased land after issuance of notification under Section 4 of the Act, possibly it cannot raise any objection to the acquisition of the same. It is also coming out from the record that a very small portion of land falling in above said Khasra number has been ordered to be acquired. CIVIL WRIT PETITION NO. 18634 OF 2009 -4- No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge January 10, 2011. DKC