CWP No. 8984 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 8984 of 2003 Date of decision 7.2.2008 Devi Lal and others ...Petitioners Versus Union of India and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. S.K.Sharma, Advocate for the petitioners. M.M.KUMAR, J. This petition filed under 226 of the Constitution prays for quashing order dated 17.5.2003 (Annexures P.10 and P.11) passed by the Estate Officer-cum Commanding Officer, Air Force Station Bhisiana, District Bhatinda . Vide order dated 17.5.2003 ( Annexure P.10) it has been ordered that all persons who may be in occupation of the premises or any part thereof were to vacate the premises within 15 days of the publication of the order/ notice and in the event of failure to comply with the order then all of them were to be evicted from the premises by the use of such force as may be necessary and expenses were to be borne by them. Likewise vide order Annexure P.11 the petitioners were also directed to do the same. When the petition came up for consideration of this Court on 4.7.2003, the following order was passed: “ Learned counsel appearing for the petitioners is directed to place on record a copy of the notification issued under Section 4 of the Land Acquisition Act, vide CWP No. 8984 of 2003 2 which the land in question was acquired for the purpose of construction of the road. He shall also place on record title document in favour of respondent no.4, who is stated to have transferred the property in favour of the petitioners. List as and when the needful is done.” The petitioner did not comply with the afore mentioned directions for four and half years. The matters which were adjourned sine die were listed as per administrative directions issued by Hon'ble the Chief Justice. Accordingly this petition was again listed on 31.1.2008 when we passed the following order: “ On 4.7.2003, a Division of this Court accepted the request made by learned counsel to enable him to place on record a copy of the notification issued under Section 4 of the Land Acquisition Act,1894 vide which the land in question was required for the purpose of construction of road. He was also directed to place on record title document in favour of respondent no.4, who is stated to have transferred the property in favour of the petitioners. A period of more than 4 ½ years has passed, however, no document, as per the orders, have been placed on record. Learned counsel for the petitioners insisted that one last opportunity be granted to him to comply with the order dated 4.7.2003. Accordingly, the hearing is deferred to 7.2.2008. If nothing is done by the afore-mentioned date then writ petition shall be deemed to be dismissed for non CWP No. 8984 of 2003 3 compliance of the order dated 4.7.2003.” In pursuance to the afore-mentioned order, the petitioner has placed on record notification dated 9.10.1974 issued under Section 6 of the Land Acquisition Act 1894 read with Section 17(1) of the Act. The petitioners have, however, not been able to place on record the title document of respondent no.4 as was directed by this Court on 4.7.2003. After hearing learned counsel for the petitioner, we are of the considered view that there is no merit in this petition. The petitioners have earlier approached this Court by filing CWP No.15663 of 2001 wherein directions were issued to the learned District Judge, Bhatinda for fresh demarcation of the land after associating the petitioner and the case was remanded back to the District Judge, Bhatinda. He was to appoint some revenue officer to demarcate the land after associating both the parties and was to decide the matter in accordance with law in the light of the report that may be received on fresh demarcation. The Tehsildar , after demarcation, in his report dated 4.1.2001 submitted to the District Judge came to the conclusion that khasra numbers 641/2, 638/2, 639/1, 635/1, 634/2, 633/2, 654/2, 649/2, 650/2, 648/2, Kite 10 situated in the revenue estate of village Bhisiana were acquired for the construction of road shown in red ink Mark “A” and the road actually passes through Khasra Nos. 650/3, 649/1, 654/1-3, 633/1, 634/3, 635/2, 638/1-3, 641/1, Kite 8 situated in the same revenue estate which was marked 'C' and 'D' in the site plan. The acquired portion was also duly marked. It was specifically found that the shops beloning to the petitioners fell in khasra No. 639/1 which has been acquired for the road and it does not function there. The District Judge found that no doubt was left that khasra no. 639/1 after acquisition vests in CWP No. 8984 of 2003 4 the Union of India- respondent and the petitioners had no right to raise construction in the said khasra number . It has further been found that the petitioners had encroached the government land by raising illegal construction. The plea of bona-fide purchase of land was rejected. As a result of the afore-mentioned factual position the impugned orders dated 17.5.2003 ( Annexure P.10 and P.11) have been passed by the Estate Officer . It is thus obvious that the acquisition was made about more than 30 years ago and the land underneath Khasra No. 639/1 vests in the Union of India. The writ petition is wholly mis-use of the process of the Court and the same is accordingly dismissed with costs. (M.M.Kumar) Judge (T.P.S.Mann) 7.2.2008 Judge okg