CIVIL WRIT PETITION NO. 4546 OF 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: March 30, 2011. Parties Name Balbir Kaur ...PETITIONER VERSUS State of Punjab and others ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh Hon'ble Mr. Justice Rakesh Kumar Garg PRESENT: Mr. Vineet Sehgal, Advocate, for the petitioner Mr. Manohar Lall, Addl. A.G., Punjab; Jasbir Singh, J. (oral) JUDGMENT This writ petition has been filed with the following prayer: “(b) that after hearing the parties or their counsel the acquisition proceedings may be quashed by issuing a writ in the nature of certiorari because of patent non-compliance with the provisions of Section 11-A of the 1894 Act, (c ) that in the alternative the petitioner be granted such relief to which he may be found entitled and that the necessity of filing CIVIL WRIT PETITION NO. 4546 OF 1991 -2- certified copies of documents of the Annexure appended to the writ petition be exempted.” In this writ petition, no specific challenge has been laid to the notification issued under Section 36 of the Punjab Town Improvement Act, 1922 (in short the Act) on October 31, 1986 and also to a notification issued under Section 42 of the Act on October 29, 1987. Prayer has been made to quash the acquisition proceedings and also an award passed on October 25, 1989. The writ petition was filed in the month of March, 1991, i.e., about two years after the date of passing of an award in this case. It is apparent from the record that vide notifications issued under Sections 36 and 42 of the Act, a vast track of land was proposed to be acquired, as per scheme framed under the Act, including 16 Marlas of land owned by the petitioner. It is case of the petitioner that her building exists at the spot, however, arbitrarily and in a discriminatory manner, it has been ordered to be acquired, whereas adjoining land under a Petrol Pump has been ordered to be released from acquisition. On perusal of the reply filed, it is coming out that incomplete shops and some construction raised upto the plinth level was in existence when acquisition proceedings were initiated. The petitioner did not file objections to the proposed acquisition despite opportunity given. She remained satisfied and allowed the Award to be passed on October 25, 1989. Even thereafter she did nothing for a period of two years and this writ petition was filed in the month of March, 1991. In view of non-filing of the objections and also not agitating the matter in this Court immediately after issuance of notifications under CIVIL WRIT PETITION NO. 4546 OF 1991 -3- Sections 36 and 42 of the Act, in terms of the ratio of judgments of the Hon'ble Supreme Court in Swaran Lata etc. v. State of Punjab and others, AIR 2010 Supreme Court 1664; and Delhi Administration v. Gurdip Singh Uban and others, AIR 1999 Supreme Court 3822, this writ petition is not maintainable. Furthermore, in reply filed, it is stated that most of the area stood developed and possession of the land owned by the petitioner could not be taken because of stay order granted by this Court. No case is made out for interference. Dismissed. ( Jasbir Singh ) Judge (Rakesh Kumar Garg) Judge March 30, 2011. DKC