CWP No. 863 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 863 of 2009 Date of decision: 29.07.2010 Gurmeet Kaur d/o Harbans Singh ….. PETITIONER VERSUS The Improvement Trust, Faridkot and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. G.S.Sandhu, Advocate, for the petitioner. Mr. R.S.Khosla, Advocate, and Mr. Pardeep Bajaj, Advocate, for the respondents. *** JASBIR SINGH, J. (ORAL) Petitioner's request is for release of her show-room from acquisition process, which was initiated with the issuance of notification under Section 36 of the Punjab Town Improvement Act, 1922 (for short 'the Act') on 02.09.2005. It is apparent from the records that a vast track of land including land of the petitioner was proposed to be acquired vide the CWP No. 863 of 2009 2 above-said notification. Thereafter, notification under Section 42 of the Act was issued on 15.05.2006. The same was followed by another notification under Section 9 of the Land Acquisition Act, 1894 to take possession of the property in dispute. At that stage, this writ petition was filed. It is contention of the counsel for the petitioner that in the original site plan, which was published in accordance with the notification dated 02.09.2005, land of the petitioner was not shown as a part of the area under acquisition. Despite that, the petitioner filed objections against proposed acquisition. It is grievance of the petitioner that her objections were not decided before issuing the final notification. It is an admitted fact that the Award in this case was passed on 14.05.2008 (P-9). Upon notice, reply has been filed, wherein existence of a show-room of the petitioner is admitted. It was further stated that detail of the land, which was notified for acquisition, was shown in notification and as such, the petitioner could not have been misled by issuance of the site plan, as has been stated by her. It was further averred that the show-room was constructed without getting permission from the authorities/Improvement Trust and further more, the building was constructed in violation of the provisions of Punjab Regional and Town Planning and Development Act, 1995. It was further suggested that as per the lay out plan, the land under the building of the petitioner was earmarked for setting up of a Nursing Home in the proposed locality. Perusal of the Award clearly indicates that no compensation was assessed so far as the building of the petitioner is concerned. The Land Acquisition Collector has not even made reference to the existence of CWP No. 863 of 2009 3 any building in the land under acquisition. The compensation was paid only with regard to the boundary wall, some trees and towards the land acquired. So far as the petitioner's right to get her property released, is concerned, we feel that in view of unauthorized action taken by her, she is not entitled to get any concession in that regard. However, her rights can be safeguarded, if the authorities are directed to assess compensation for the building and pay it to the petitioner. Faced with this situation, counsel for the respondents, on instructions from Executive Engineer Sh. Kulwant Singh, gave an undertaking that resolution to pay compensation, for the building in question, shall be passed by the Improvement Trust within a month and the compensation shall be assessed and disbursed within one month thereafter. The petitioner shall have the liberty to avail remedy as per law and move an application under Section 18 of the Land Acquisition Act for making a reference, if she feels that compensation awarded is less. It is made clear that if the authorities wish to exempt the land of the petitioner, the order passed shall not stand in their way. With the above observation, this writ petition stands disposed of. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE July 29, 2010 pj