IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.5781 of 2009 Date of decision: 18.4.2009 Mrs. Rajesh Tewatia -----Petitioner Vs. State of Haryana and others -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON’BLE Mr. JUSTICE JITENDRA CHAUHAN Present:- Mr. S.C.Sibal, Sr. Advocate with Ms. Disha Jaiswal, Advocate for the petitioner. Adarsh Kumar Goel,J.: 1. This petition seeks quashing of order dated 31.3.2009, Annexure P.13 and also notification under section 4 read with Section 17(2) ( c) of the Land Acquisition Act, 1894 (in short, ‘the Act’) culminating into award dated 1.5.1998, Annexure P.4 and for direction to release the land from acquisition. 2. Case of the petitioner is that in the year 1997, proceedings for acquisition were initiated. Possession of land measuring 2 kanals was not taken from the petitioner. Proceedings were taken in March 2007 under sections 4 and 5 CWP No.5781 of 2009 of the Haryana Public Premises (Eviction and recovery of Rent) Act, 1972, on which the petitioner filed CWP No.7687 (Ram Kumar v. State of Haryana and others), which was dismissed as withdrawn with liberty to make a representation vide order dated May 22, 2007. The petitioner made a representation which has been dismissed vide impugned order. 3. In the impugned order, the Financial Commissioner and Principal Secretary, Power department, Haryana, observed that the petitioner occupied land unauthorisedly. The land was within the complex of Central Industrial Security Force (CISF) and was prohibited area and was required for the use by the CISF. Compensation for the land had been duly deposited and possession was taken on February 10, 1997 by the NTPC. The conclusions drawn in the impugned order are as under:- “a) The land measuring 2 kanals was duly acquired by the LAO according to the certified copies of the revenue record made available to him by the Halqa Patwari and due notice of the notification under section 4(1) and the subsequent Draft Declaration etc., were all made to Shri Raj Kumar (certificates of Munadi also available) and that on non-receipt of the compensation, the same was deposited in the Treasury. 2 CWP No.5781 of 2009 b) The contention of late Shri Ram Kumar that the said piece of land is not located adjacent to the Faridabad Gas Power Station is incorrect, as is borne out by the personal inspection of the District Revenue Officer-cum-Land Acquisition Officer and the sketch (Annexure A-6)provided by NTPC. c) That the compensation of the land was indeed tendered by the NTPC on 10 February 1997 after the announcement of the award by the LAO, as brought out by the District Revenue Officer-cum- Land Acquisition Officer in his reply to the representation dated 26 February 2008. d) The said piece of land is required by the Faridabad Gas Power Station of NTPC for the construction of the CISF Model Quarter Guard. e) Late Shri Ram Kumar’s legal heir Shri Pawan Kumar had also attended a meeting held by the Union Secretary of Power and had agreed to once again hand over the possession of the land (according to NTPC) in July 2006. f) The compensation determined for the said piece of land is available in the Treasury which can be claimed by the legal heirs of late Shri Ram Kumar at anytime. 3 CWP No.5781 of 2009 4. As regards prayer for release from acquisition, it was observed that land was required for security forces deployed to safeguard Gas Power Station. 5. We have heard learned counsel for the petitioner. 6. Only contention is that the possession was never taken. No notice was served on the petitioner. 7. We are unable to accept this submission. In the impugned order, matter has been thoroughly considered. Acquisition was of the year 1997, which was never challenged. Compensation was duly deposited. The land is genuinely required for public purpose and it was not viable to release the land which was surrounded by quarters of the security forces. 8. No interference, is thus, called for. 9. The petition is dismissed. (Adarsh Kumar Goel) Judge April 18, 2009 (Jitendra Chauhan) ‘gs’ Judge 4 CWP No.5781 of 2009 5