Civil Writ Petition No. 1347 of 1993 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1347 of 1993 Date of decision: 02.07.2009 Roshan Lal and others ...Petitioners Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE J.S.KHEHAR. HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Rakesh Nagpal , Advocate for the petitioners. Mr. Ashish Kapoor, Additional Advocate General, Haryana for respondents No.1,3 and 4. Mr. Suveer Sheokand, Advocate for respondent no.2. ***** J.S.KHEHAR,J.(Oral) The State Government issued a notification under Section 4 of the Land Acquisition Act, 1894 on 14.7.1982 depicting its intention to acquire land measuring 471.79 acres. The aforesaid land inter-alia comprised of 8 kanals of land falling under the Teachers Colony. The owners of the land of the Teachers Colony filed objections under Section 5- A of the Land Acquisition Act, 1894 seeking a release of the aforesaid land from acquisition proceedings. The Land Acquisition Collector accepted the aforesaid objections and recommended the release of 8 kanals of land falling under the Teachers Colony. The aforesaid recommendation made by the Land Acquisition Collector was approved by the State Government. Resultantly at the time of acquisition proceedings initiated in the year 1982, 8 kanals of land falling under the Teachers Colony which was sought to be Civil Writ Petition No. 1347 of 1993 -2- **** acquired was released. Through yet another notification dated 6.3.1990, again issued under Section 4 of the Land Acquisition Act, 1894, the State Government depicted its intention to acquire 26.58 acres of land again for the same purpose for which the land was sought to be acquired vide a notification dated 14.7.1982. Out of this 26.58 acres of land, 26 kanals 16 marlas of land was out of the Teachers Colony including the 8 kanals of land sought to acquire vide notification dated 14.7.1982 which was subsequently released. For the same reasons as had been raised on the earlier occasion, the petitioners who were land holders of the afore-stated 26 kanals 16 marlas of land from the Teachers Colony filed objections under Section 5-A of the Land Acquisition Act, 1894. At this juncture, the State Government did not accept their objections. Subsequently, through a notification dated 28.2.1991, the land of the petitioners comprising of 26 kanals 16 marlas falling in Teachers Colony came to be acquired with the issuance of notification under Section 6 of the Land Acquisition Act, 1894. The aforesaid notifications dated 6.3.1990 and 28.2.1991 were sought to be challenged by the petitioners by filing the instant writ petition. The instant writ petition came to be partly allowed by an order dated 16.7.2003 inasmuch as this Court set aside the acquisition of 8 kanals of land belonging to the petitioners which was originally released from acquisition proceedings (referred to herein above). No order was passed by this Court while disposing of Civil Writ Petition No.1347 of 1993 qua the remaining 18 kanals 16 marlas of land. Dis-satisfied with the order passed by the learned Single Judge dated 16.7.2003 disposing of the Civil Writ Petition No.1347 of 1993, the petitioners whose land fell in 18 kanals 16 marlas out of the Teachers Civil Writ Petition No. 1347 of 1993 -3- **** Colony preferred Letters Patent Appeal No.201 of 2006. The aforesaid appeal came to be filed after a Review Application bearing Civil Misc. No.25047 of 2003 was dismissed by the learned Single Judge vide his order dated 28.11.2005. The order passed by the learned Single Judge dismissing the afore-stated Review Application is being extracted hereunder:- “Vide judgment dated July 16, 2003, the writ petition was allowed and acquisition of 8 kanals of land of the petitioners comprising in Rectangle No.105, killa Nos. 28/1/1 (7-0) and 23 (1-0) situated at Patti Kaist Seth, Kaithal, by the notifications dated 6.3.1990 and 28.2.1991 were quashed. Now, the applicants-petitioners have filed the instant application alleging therein that the acquisition area of the petitioners is 26 kanals 16 marlas, therefore, the petition be allowed qua the said land. I have heard the arguments of learned counsel for the parties. In the writ petition, the petitioners have made the prayer only to the extent of 8 kanals of land, as stated above. In view of this, application is devoid of merit and the same is hereby dismissed.” A perusal of the aforesaid order reveals that the petitioners had made a prayer only in respect of 8 kanals of land and accordingly Civil Writ Petition No.1347 of 1993 had been disposed of by accepting the aforesaid prayer vide order dated 16.7.2003. The learned Single Judge while dismissing the Review Application held that the application for release of the remaining land was devoid of any merit. This conclusion was presumably drawn on the basis of the fact that the petitioners had Civil Writ Petition No. 1347 of 1993 -4- **** appended to the writ petition as Annexure P-7 the objections filed under Section 5-A of the Land Acquisition Act, 1894. A perusal of Annexure P-7 reveals that the same pertained to only 8 kanals of land. It seems that the learned Single Judge overlooked the fact that the petitioners had clearly and expressly pleaded in paragraph 5 of the writ petition that the objections were filed by all the petitioners, however, a copy of the objections filed by one of the petitioner was being appended to the writ petition as Annexure P-7. We are, therefore, of the view that the learned Single Judge may not have been fully justified to base his conclusions on the objections filed by the one of the petitioners (which were illustratively placed on the record of the writ petition as Annexure P-7). Neither in the written statement filed on behalf of the respondents nor in the reply to the Review Application, it is the express stand of the respondents that no objections were filed by the other land owners i.e. land owners falling within the remaining 18 kanals 16 malras of land out of the Teachers Colony. In terms of the order passed by the Letters Patent Bench dated 11.9.2008, the present adjudication is limited to the issue of release of land measuring 18 kanals 16 marlas falling in Teachers Colony ( i.e. besides 8 kanals of land which were ordered to be released by the learned Single Judge). Insofar as the instant 18 kanals 16 marlas of land is concerned, it is relevant to extract hereunder the following conclusion drawn by the learned Single Judge while disposing of the Civil Writ Petition No. 1347 of 1993:- “In view of the aforesaid factual position, I am of the opinion that the respondents cannot acquire land of the petitioners for the purpose of establishing residential, commercial and institutional area by the HUDA when their land was Civil Writ Petition No. 1347 of 1993 -5- **** released/exempted from acquisition in the year 1982 when it was sought to be acquired for the very same purpose. At that time, the land was released because the petitioners had developed the land in question for residential purposes. The said decision was taken by the Land Acquisition Collector and the State Government on consideration of the objections filed by the petitioners under Section 5-A of the Act. After considering the said objections, a conscious decision was taken and the land in question was released from acquisition on certain terms and conditions. It is not the case of the respondents that the petitioners have violated those terms and conditions. The respondents have taken the stand in the instant case that there is no bar under the Act to acquire the land for the same purpose which released/exempted by the State Government at the time of earlier acquisition. This contention of the respondents cannot be accepted. Once a conscious decision was taken under the Act while deciding the objections of the petitioners and their predecessors-in- interest under Section 5-A of the Act and the land was released from acquisition, the same cannot be subsequently acquired for the very same purpose, particularly when there is no change in any circumstances nor there is any change in the use of the land and the purpose for which it is proposed to be acquired. In the instant case, after the release of the land, the petitioners not only executed the agreement as per the terms and conditions of the release but they have also raised some construction on the land in question. In these circumstances, Civil Writ Petition No. 1347 of 1993 -6- **** certainly the State Government is estopped from acquiring the land of the petitioners for the very same purpose.” It is clear to us that when 8 kanals of land was released from the Teachers Colony consequent upon the issuance of notification dated 14.7.1982 referred to herein above, none of the petitioners had made any construction thereon. This is apparent from the agreement required to be executed at the hands of the land owners when the release order was issued, inasmuch, as all the land owners whose land was released were required to get their plans approved from the Director before commencing any construction on the land. It is, therefore, not open to the respondents to assert that the land earlier released (consequent upon the issuance of notification dated 14.7.1982) as also the land presently ordered to be released was in the ownership of persons who had effected construction thereon. Infact in the written statement jointly filed by respondents on behalf of respondents No. l and 3 to the present writ petition No. 1347 of 1993, it has been asserted in preliminary objection no.1 that only six persons have effected construction out of the land acquired falling in the Teachers Colony, whereas, there are in all 24 petitioners. At the time when Civil Writ Petition No.1347 of 1993 was originally allowed on 16.7.2003, the respondents accepted the determination rendered by the learned Single Judge in respect of the release of 8 kanals of land falling in the Teachers Colony. We are satisfied that the remaining 18 kanals 16 marlas of land falling in the Teachers Colony satisfy the same parameters which were taken into consideration by the learned Single Judge for setting aside the acquisition in respect of 8 kanals of land. For the reasons recorded herein above, we allow the instant writ petition in respect of remaining 18 kanals 16 marlas of land also falling Civil Writ Petition No. 1347 of 1993 -7- **** in the Teachers Colony which was sought to be acquired vide the impugned notifications dated 6.3.1990 and 28.2.1991. It is conceded by the learned counsel for the petitioners that this determination would be subject to the same conditions as were agreed to by the land owners of 8 kanals of land contained in agreement dated 12.7.1984. (J.S.KHEHAR) JUDGE July 02, 2009 (S.D.ANAND) Pka JUDGE