Civil Writ Petition No.17650 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.17650 of 2009 Date of Decision:-18.11.2009 M/s Karan Oil Company ...Petitioner Versus State of Haryana and others ---Respondents CORAM:- HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Sachin Mittal, Advocate for the petitioner. MEHINDER SINGH SULLAR, J. Challenge in this writ petition under Articles 226/227 of the Constitution of India by the petitioner is to the land acquisition proceedings. The Govt. of Haryana has acquired the land of the petitioner along with other land vide impugned notification dated 8.9.2008 (Annexure P2) under section 4 and notification dated 16.10.2008 (Annexure P3) under section 6 of the Land Acquisition Act, 1894 (hereinafter to be referred as “the Act”) at public expense, for public purpose, namely, for Augmentation and Extension of Sewerage System (Construction of Sewage Treatment Plant) for Sohna Town, District Gurgaon. The petitioner has challenged the aforesaid notifications (Annexures P2 and P3) and subsequent award dated 17.7.2009 (Annexure P4) in this petition. 2. It is not a matter of dispute that having completed all the codal formalities, the Land Acquisition Collector (hereinafter to be referred as “the LAC”) has already announced the award (Annexure P4) on 17.7.2009 in respect of notifications sought to be challenged through the instant writ Civil Writ Petition No.17650 of 2009 2 petition. The award has been passed by the Collector and filed in his office, which is final and conclusive evidence between the Collector and the persons interested in regard to the true area and value of the land as contemplated under section 12 of the Act. It has been mentioned in the award (Annexure P4) that the Water Supply and Sanitation Department Government of Haryana has fully become owner in possession of the land in question. Meaning thereby, the land has already been vested in the State free from all encumbrances as envisaged under section 16 of the Act. Admittedly, the present petition was filed subsequent to the announcement of the award by the LAC. Once the award of LAC has become final, then the present writ petition is clearly not maintainable, so as to impugning the action of the respondents in acquiring the land in question in view of the law laid down by Hon'ble Supreme Court of India in Star Wire (India) Ltd. v. State of Haryana and others, (1996) 11 Supreme Court Cases 698, Swaika Properties (P) Ltd. and another v. State of Rajasthan and others (2008) 4 Supreme Court Cases 695 and this Court in Kamlesh Chander and others v. State of Haryana and others, 2008 (4) RCR (Civil) 535. 3. In this view of the matter, we are satisfied that the instant writ petition filed, so as to challenge the notifications whereby the land of the petitioner was acquired after passing the award, is not maintainable, in the obtaining circumstances of the case. Consequently, the present writ petition is hereby dismissed as such. (Mehinder Singh Sullar) Judge (Satish Kumar Mittal) 18.11.2009 Judge AS