CWP No. 13229 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 13229 of 2011 Date of Decision : 26.7.2011 Nahar Singh Rathee .......... Petitioner Versus The State of Haryana & another ...... Respondents **** CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Sunil Panwar, Advocate for the petitioner. **** JASBIR SINGH, J. (ORAL) The petitioner was owner of 4Kanal-9 Marlas land, which was made subject matter of acquisition by issuing a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on 26.12.1988. The petitioner did not file any objection under Section 5-A of the Act. Declaration under Section 6 of the Act was issued on 22.12.1989. Thereafter the petitioner filed CWP No. 3612 of 1991 on 4.3.1991, which was dismissed on 28.2.1992. The petitioner went in appeal. During the pendency of that appeal the State Government decided to release 1500 Sq. Meter land owned by the petitioner. Rest of the land owned by the petitioner was ordered to be acquired. An affidavit in that regard was filed by the Land Acquisition Officer in the Hon'ble Supreme Court. Civil Appeal No. CWP No. 13229 of 2011 -2- 2936 of 1993 was disposed of by the Hon'ble Supreme Court on 10.5.1993 by observing as under :- “Special Leave granted. In view of the affidavit of the Land Acquisition Officer dated April 16, 1993, filed on behalf of the State of Haryana containing the release of part of the land of the petitioner for the purpose he would have it used, this petition has served its purpose. However, there is one word used in the affidavit which needs clarification. Therein the petitioner has been subjected to the condition that he will not raise any construction since the land exempted falls in the green belt. The State counsel has given a clarification to this fact that the construction herein means any habitable construction. We attribute that clarification to the affidavit and make it as part of our order and dispose of the appeal in the light of what we have said above. No costs.” Prayer has now been made for release of the remaining land. The petitioner had not filed objections under Section 5-A of the Act he has lost his right to lay challenge to the acquisition proceedings. Be that as it may, as per facts, the State Government had released 1500 Sq. Meter of land in favour of the petitioner, after getting that relief the petitioner showed his greed and did not vacate rest of the land measuring about 884 Sq. Meters, rather raised construction thereon without getting any permission from the competent authority. The respondent-authorities have now initiated CWP No. 13229 of 2011 -3- the proceedings for his ejectment from the said land. It is also coming out from the record that regarding the released land, the petitioner till today, has failed to deposit the External Development Charges despite intimation to do so by the authorities concerned. Once the petitioner has lost upto the Hon'ble Supreme Court, it does not lie in the mouth of the petitioner to say that he is not liable to vacate the land which was acquired way back in the year 1990. In view of the facts stated above, no case for interference is made out. Dismissed. (JASBIR SINGH) JUDGE 26.7.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE