CWP No.12306 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP No.12306 of 2010 Date of decision :15.11.2010 Nafe Singh and another .........Petitioners Vs. State of Haryana and others ........Respondents CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. J.S.Dhull, Advocate, for the petitioners Ms. Palika Monga, DAG, Haryana ----- JASBIR SINGH, J (Oral) : This writ petition has been filed to quash notifications issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short 'the Act') on 9.7.2009 and 27.10.2009 respectively. Vide those notifications, land measuring 102 kanals and 12 marlas was ordered to be acquired for a public purpose namely to Provide Water Supply Scheme in Kaithal town (i.e. for construction of Canal based 2nd Water Works). It is not in dispute that the first Water Works exist next to the land, proposed for acquisition vide the impugned notifications. Petitioners filed objections to the acquisition, which did not find favour with the CWP No.12306 of 2010 -2- Land Acquisition Collector and consequently, land was ordered to be acquired. When notice of motion was issued, following contention of learned counsel for the petitioners was noticed by this Court; "By making reference to the site plan and Jamabandi, placed on record today, counsel for the petitioners states that the land encircled with green line, situated next to the already existing Sewerage Treatment Plan is vacant (Banjar) and the same can conveniently be used for extension of the said Plant. Counsel further submits that as on today, possession of the land, under acquisition, is with the petitioners." Reply has been filed on behalf of respondents No.1 to 3 wherein it has been stated that the land of the petitioners is most suitable to set up 2nd phase of the Water Works and further that the adjoining land is not suitable for that purpose. In Paragraph 2A, it has been stated as under; "That the petitioners have further misrepresented before the Hon'ble Court stating that there is land measuring 60/70 acres adjoining to the canal based Iind water works at Kaithal and has pleaded that the same be acquired for the aforesaid purpose. It has also been stated wrongly that the land is lying useless. It is submitted firstly that there is no land of Jumla Malkan to the extent of 60/70 acres in the entire village i.e. Patti Khot, Kaithal. The land of Jumla Malkan is 238 Kls. 11 mls. Which is also spread at so many pieces. Moreover, the stretch of CWP No.12306 of 2010 -3- the Jumla Malkan land is such that it cannot provide the dimension required for construction of water tank measuring 832' x 452' and another tank of measurement 513' x 494' no where in the total land suggested by the petitioner to be of Jumla Malkan which is otherwise much away from the already existing campus of the public health department. There is absolutely no land of Jumla Malkan having stretch of 832' x 452' and 513' x 494'. It is pertinent to mention here that the land of the petitioner is only suitable land for the construction of two number water tanks for the water works. The petitioners have also not disclosed the one tank has been completed all most to the extent of 3/4th share and 1/4th share is to be only completed in the land which has been acquired and this 1/4th share of the land is the part of land of petitioners. It is also pertinent to mention here that if the land of the petitioners is left or released from acquisition then the other portion of the land already in possession with the department where the work to the extent of 3/4th share has already been completed and if the land of the petitioner is saved or released from the acquisiton then the respondent shall suffer loss of twenty five crores of rupees which has already been spent and the land which was acquired earlier shall also go waste and the loss of that much amount is the shear wastage of public money. It is relevant to mention there that the land of Jumla Malkan suggested by the petitioners is not having such a stretch which is sufficient for CWP No.12306 of 2010 -4- construction of the water tank for providing potable water to the public of Kaithal Town. It is also worth mentioning that pipe line of 9 KM has already been laid down beneath the earth from Sirsa Canal Branch upto the construction site to the extent of 90% and a big amount has already been spent upon the same. If the land of the petitioner is released from acquisition then the entire infrastructure laid down and the construction which is going on shall be stalled. Filtration plant, pump chamber, clear water tanks, suction well, scour well have already been constructed and the required machinery has already been installed. The location of aforesaid structure is of such nature that it is not feasible to shift the location of two number tanks technically. The petitioners have further misrepresented by showing the land in Green colour to be of the Jumla Malkan which fact is totally false and this land belongs to some other owners namely Mukand Lal, Anoop Singh and Gurmej Singh etc. Which is otherwise not fit and the water works or sewage treatment plant is not feasible on this side. Actually, the construction which has already been started is to proceed on Western side of the proposed campus. It cannot be brought back to the Eastern side nor there is any land of Jumla Malkan of such a width/stretch which can provide an area for construction of water works. A site plan prepared by respondent is being attached showing the exact position and the work done at the spot (Annexure R-2). It is also relevant to mention here that CWP No.12306 of 2010 -5- already 266 Kls. 14 Mls. Land of Patti Khot/Franswala Gram Panchayat was acquired and the4 land of the petitioners completes the compact block and the campus in which the construction of water tanks and other buildings are to be constructed over aforesaid land measuring 266 Kls. 14 Mls. The answering respondents have constructed one sewage Treatment Plan of 10 ML/per day capacity which is completed and another treatment plan is under construction. Almost 95% work of first phase of water work has been completed on the already acquired land and 75% of second phase also completed. Only 25% of second phase is to be completed on the land of the petitioners. This tank is having measurement 513' X 494'. It is also worth mentioning that after leaving a gap stretch of about 30' in width another tank measuring 832' X 452' is to be constructed for potable water which can only be constructed and completed in the land of the petitioners and it cannot be diverted towards opposite side. It is also submitted that the alleged land of Jumla Malkan is already involved in multi litigation regarding which partititon proceedings are pendeing, mutation cases are pending and also the decision of Hon'ble High Court was given in favour of so many proprietors. It is also worth mentioned that the Jumla Malkan/proprietors of the Patti Khot are numerous to the extent of 1000 and it will not be possible to decide the objections of so many persons if the process is started a fresh. The land in question i.e. of CWP No.12306 of 2010 -6- the petitioners is the only land which is the fittest one for the construction of water tanks. The land which is being suggested by the petitioners cannot be used for construction of such a big tanks as sacttered in pieces. The already acquired land measuring 266 Kls.14 Mls. has been shown in Green colour by the answering respondents and the land shown in Red colour is the land of petitioners. The construction which is proposed and already done is also shown/visualised in Black line in portion shown in Green and Red colour. The land of the petitioners which is adjoining land make the total acquired/required land to be a compact block and the fittest land for the campus of Public Health for construction of water works and sewage treatment plant." We have seen the site plan annexed with the written statement and are convinced that when notice of motion was issued, an attempt was made to confuse the matter by stating that adjoining land, to the the already existing Water Works is available for acquisition. The position has been made clear in the site plan (Annexure R-2) annexed with the written statement. The land, shown in Blue colour, is situated away from the Water Works and is not suitable for setting up of the 2nd phase of the Water Works whereas land of the petitioner is appears to be most suitable. As per the reply filed, compensation amount has already CWP No.12306 of 2010 -7- been deposited with the Land Acquisition Collector. No case is found to make interference. Dismissed. (JASBIR SINGH) JUDGE (AUGUSTINE GEORGE MASIH) 15th Nov., 2010 JUDGE akm