CWP No.5115 of 1985 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5115 of 1985 (O&M) Decided on : 07.12.2010 Motwal Chand and others ... Petitioners versus State of Haryana & others ... Respondents CORAM : HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Sudhir Mittal, Advocate for the petitioners. Mr. Kamal Sehgal, Addl. AG, Haryana. **** JASBIR SINGH, J. By filing this writ petition, prayer has been made for quashing of the notifications dated 13.01.1981 and 12.12.1983 issued under Section 4 and 6 of the Land Acquisition Act, 1894, respectively. Vide order dated 23.11.1985 notice of motion was issued and dispossession of the petitioners was stayed from the land in dispute. The respondents have filed their reply wherein it is specifically stated that, to the proposed acquisition, petitioner has not filed any objection under Section 5-A of the Act when opportunity was granted. It was further stated that there was no evidence on record to show that any super structure i.e. Shops/residential houses etc. exists on the land in question, before issuance of notification under Section 4 of the Act. Before this court it was specific stand of learned counsel for the petitioner states that the petitioner had filed the objection under CWP No.5115 of 1985 (O&M) -2- Section 5 of the Act. It is an admitted fact that before filing of this writ petition, award has already been passed on 28.3.1985. On 16.9.2010, following order was passed by this court: “It is specifically stated by counsel for the petitioners that the petitioners had filed objections under Section 5-A of the Land Acquisition Act, 1894 whereas to the contrary, this fact has been denied by the respondents. To verify this fact, respondents are directed to produce records of the Collector. Adjourned to 29.09.2010.” Thereafter, matter was adjourned to 08.11.2010 to verify as to whether any objection was filed by the petitioners under Section 5-A of the Act or not. Mr. Shegal, Addl. AG, Haryana by making reference to the record states that no such objection was filed by the petitioners within the period of limitation after issuance of notification under Section 4 of the Act. In the writ petition it is nowhere stated as to when objection under Section 5-A of the Act was filed. No other evidence exist on record to prove the above said fact. If that is so, in view of ratio of judgment of Hon'ble Supreme Court in the case of Sawaran Lata, etc. vs. State of Haryana and Ors., AIR 2010 Supreme Court 1664 this writ petition cannot be entertained. Furthermore as per admitted facts on record, this writ petition was filed after passing of an award on 28.03.1985. As per ratio of the judgments of the Supreme Court in the cases of M/s Swaika Properties Pvt. Ltd. vs. CWP No.5115 of 1985 (O&M) -3- State of Rajasthan, JT 2008(2) SC 280 and Star Wire(India) Ltd. vs. State of Haryana, (1996) 11 SCC 698, this writ petition is not maintainable and the same is dismissed. (Jasbir Singh) Judge December 07, 2010 (Augustine George Masih) sonia Judge