CWP No. 5484 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 5484 of 2007 Date of decision 8 .4.2008 Gian Kaur ...Petitioner Versus Union of India and others ... Respondent. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Chanan Singh Advocate for the petitioner. Mr. Ashwini K. Bansal, Advocate for respondents M.M.KUMAR, J. This petition under Article 226 of the Constitution prays for issuance of directions to the Defence Estate Officer, Pathankot and the Union of India through its Secretary, Ministry of Defence, New Delhi to acquire petitioner's agricultural land under the Land Acquisition Act, 1894, under the Requisition and Acquisition of Immovable Property Act, 1952 or any other law for the time being in force and pay her compensation at the current market rate alongwith solatium or handover vacant possession of the same to her. In para 2 of the writ petition it has been asserted that the petitioner is owner of the land measuring 12 kanals 9 marlas comprised in khewati khatuani No. 56/63 and Khasra No. 10//14/2/(4-9) and 17(8-0) as per jamabandi for the years 1997-98 ( Annexure P.1) which is situated in the revenue estate of village Beli Akalian,Tehsil Pathankot, District Gurdaspur. The petitioner has also claimed that the respondents had acquired big chunk of land of different villages for extension and construction of Air Force Station, Pathankot under Scheme No.5095/AQQ on 4.3.1967 under Section CWP No. 5484 of 2007 2 7(1) of the Requisition and Acquisition Act. The compensation was paid to the concerned land owners except the petitioner under Section 8(1) of the Act and the possession has also been taken by the respondents. In reply to the notice to show cause the respondents have pointed out in para 1 of the preliminary objection that the petitioner has not approached this Court with clean hands because her land measuring 12 kanal 9 marlas as described in para 2 of the petition was acquired under the provisions of Defence of India Act, 1962 alongwith large chunk of land falling in villages Mehra Mahanta, Tajpur, Noushera Nalbanda including village Beli Akalian, Tehsil Pathankot by the Land Acquisition Collector Gurdaspur vide acquisition order dated 4.3.1967 ( Annexure R/2/1). On 1.7.1968 a report was submitted by the Land Acquisition Collector ( Annexure R/2/2) and the compensation as awarded by the Special Land Acquisition Collector was deposited. A perusal of the schedule shows that the name of the petitioner figures at serial No.44 and the entry reads thus: “44. Smt. Gian Kaur wd/o 10/R 14/2/17 4-09 8-0 12-09” It has further been asserted that if no compensation of her land has been received by her then she may approach the Special Land Acquisition Collector, Amritsar camp at Pathankot for disbursement of her compensation because the compensation stood deposited as per report dated 1.7.1968 ( Annexure R/2/2). Having heard learned counsel, we are of the considered view that the land has been rightly acquired under the Defence of India Act vide notification dated 4.3.1967. The amount of compensation as per the report of the Special Land Acquisition Collector, respondent no.3 was deposited. CWP No. 5484 of 2007 3 On account of the fact that the matter is more than 40 years old it is not clear whether compensation has been paid to the petitioner or not. Accordingly, we are of the view that the petitioner shall approach respondent no.3 Special Land Acquisition Collector, who is the competent authority, by filing a detailed representation under registered AD cover. The representation, if filed within two weeks the same shall be disposed of by the Land Acquisition Collector, respondent no.3 within one month from the date of its receipt. If it is found that the petitioner has not been paid the compensation of her land then the same shall be paid to her alongwith usual interest recoverable. We are not passing any order regarding costs because the petitioner appears to have continued in possession as is claimed on the basis of the jamabandi in para 2 of the petition. The writ petition stands disposed of in the above terms. (M.M.Kumar) Judge (Sabina) 8.4.2008 Judge okg