C.W.P.No.16649 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.16649 of 2010 Date of Decision:- 22.09.2010 Satish Kalra and others ....Petitioner(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Rajinder Goyal, Advocate, for the petitioners. Ms.Palika Monga, DAG, Haryana, for the respondents. *** Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash notification dated 5.3.1990 (P-7) issued under Section 4 of the Land Acquisition Act, 1894 (in short 'the Act') and also to quash notification issued under Section 6 of the Act dated 28.2.1991 (P-8). Further prayer has been made to quash award dated 22.2.1993 ( P-9). At the time of preliminary hearing on 16.9.2010, following contentions of counsel for the petitioners were noticed by this Court. “Counsel for the petitioners states that compensation has neither been deposited with the Land Acquisition Collector nor with the District Judge as is mandatory under the provisions of the Land Acquisition C.W.P.No.16649 of 2010 -2- Act, 1894. It is further stated that the petitioners had not received any amount of compensation and possession of the land is still with them. Counsel for the petitioners is directed to supply one copy of the writ petition to Ms.Palika Monga, DAG, Haryana, who shall verify above said fact and file an affidavit of the Land Acquisition Collector on or before 22.9.2010. If the situation is, as stated by counsel for the petitioners, in the affidavit, it be also stated that whether the land is now required for the purpose it was acquired or not. Adjourned to 22.9.2010. Copy of the order be given dasti to the State Counsel under the signature of Court Secretary of the Bench.” We still remember that by taking note of an averment of the petitioners that even till today, compensation amount has not been paid to them, notice of motion was issued. After notice, the State Counsel has informed us that the petitioners had earlier also filed C.W.P.No.4524 of 1993 laying challenge to the notifications mentioned above. A perusal of the writ petition indicates that this fact was not disclosed in the writ petition. A material fact was concealed when this writ petition was filed. Such an attitude cannot be appreciated. This writ petition is liable to be dismissed on this score only. Faced with the situation, counsel for the petitioners wishes to C.W.P.No.16649 of 2010 -3- withdraw this writ petition. We allowed him to do so. At the time of arguments, it transpired that the amount of compensation has not been disbursed to the petitioners because they never approached the Land Acquisition Collector to claim that amount. It was also admitted by the State Counsel that compensation amount is lying with the Land Acquisition Collector and it was not deposited with the Court as was necessary under the provisions of the Land Acquisition Act. In view of above said factual position, we permit the petitioners to approach Land Acquisition Collector for getting compensation amount. If any application is moved within 15 days from today, the same shall be decided within three weeks from its filing. The petitioners shall be entitled to claim all statutory benefits available to them in accordance with law. Writ petition is dismissed as withdrawn. ( JASBIR SINGH ) JUDGE September 22, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE