Civil Writ Petition No. 6286 of 1996 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6286 of 1996 Date of decision: 18th April, 2011 Nathu Ram Sharma and others ........Petitioners versus State of Haryana and others ........Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present: Mr. G.S.Dhaliwal, Advocate for Mr. M.L.Sharma, Advocate for the petitioners. Mr. Kamal Sehgal, Addl.A.G.Haryana, for the respondent-State. Ms. Deepali Malhotra, Advocate with Ms. Vandana Malhotra, Advocate for respondent No. 3. Ms. Shriya Chahar Panjeta, Advocate for respondent Nos. 3 and 5. Jasbir Singh,J.(Oral) This writ petition has been filed with a prayer to quash the notifications dated 6.07.1981 and 25.07.1982, issued under Sections 4 and 6 of the Land Acquisition Act 1984 (hereinafter referred to as the 'Act'), respectively. Further, prayer has been made to quash an award Civil Writ Petition No. 6286 of 1996 2 dated 30.04.1984, passed by the Land Acquisition Collector, Urban Estates, Deptt. Haryana at Gurgaon. The acquisition was challenged primarily on a ground that the award has been passed but no compensation was assessed for the super-structures. Heard. The award in respect of the land was announced in the year 1985 but in respect of super-structures, no award has been passed. Thereafter, a notice was issued to the petitioners to hand over the possession of the buildings to HSIDC. In reply, the petitioners made a representation to the HSIDC by stating therein that no award has been passed regarding the super-structures and the same cannot be demolished until and unless the award for the super- structures is announced. It is a case of the petitioners that since thereafter, the land in dispute is in possession of the petitioners. No other argument was addressed. In view of the ratio of judgment of the Hon'ble Apex Court in the case of Mohanji v. State of U.P. JT (1995) 8 SC 599, non passing of an award regarding the super-structures is not a ground to quash the acquisition proceedings. If compensation is not granted by the Land Acquisition Collector for the super-structures, the petitioners may make a mention by moving an application under Section 18 of the Act. Furthermore, this writ petition has been filed at a belated stage, as such cannot be entertained. In view of ratio of the judgment Civil Writ Petition No. 6286 of 1996 3 of the Hon'ble Apex Court in the case of Sawaran Lata, etc. v. State of Haryana & Ors. AIR 2010 SC 1664, this petition is dismissed. [JASBIR SINGH] JUDGE [RAKESH KUMAR GARG] JUDGE 18th April, 2011 Shivani Kaushik