IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition(PIL) No.7540 of 2006 Date of Decision: 27.02.2009 Dr.Pawan Kumar Petitioner Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Petitioner in person Mr.P.S.Hundal, Senior Advocate with Mr.R.S.Sidhu, Advocate Mr.Gaurav Mohunta, Advocate for respondent No.3 HUDA Mr.Rameshwar Malik, Addl. A.G. Haryana Mr.Ashok Gupta, Advocate … Jasbir Singh, J. This order will dispose of this writ petition and also COCP No.1341 of 2007, which has been filed for action against the respondents, named therein, for the alleged breach of the interim orders passed by this Court. Petitioner claims to be a public spirited person, who has filed this writ petition, to lay challenge to a notification dated 2.5.2001 issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act). He has also laid challenge to the consequential notification, as may have been Civil Writ Petition(PIL) No.7540 of 2006 -2- issued thereafter. He has also prayed for initiation of criminal proceedings, for committing Contempt of Court, against the respondents No.1 to 5. He has further prayed that compensation be paid to those land owners whose houses were demolished without any legal justification. It is an admitted fact that petitioner is neither owner nor residing in the land, which was subject matter of acquisition by the respondent-State. He is allegedly espousing the cause of land owners, whose land has been acquired vide notification, referred to above. Briefly, as per stated facts, originally, notification under Section 4 of the Act was issued on 21.4.1987 to acquire land measuring 173 acres for development of Sector 15, Jagadhari. After completing necessary formalities, notification under Section 6 of the Act was issued on 20.4.1988. Award granting compensation was pronounced on 17.4.1990. In the meantime, some of the land owners filed CWP No.3269 of 1990 and vide orders dated 29.9.1992, this Court quashed the notification issued under Section 6 of the Act. It is case of the petitioner that by ignoring above said order passed by this Court, the respondents-authorities illegally continued with development of the area, in question. The land under acquisition was carved into plots and allotment letters were also issued to the purchasers. It is also case of the petitioner that after passing of the orders by this Court on 29.9.1992, one land owner, namely, Harpal Singh Bindra, apprehending his dispossession, filed CWP No.9242 of 1994. Above said writ petition was disposed by this Court on 15.7.1994, opining that his apprehension of dispossession was misconceived. It was further observed that once Civil Writ Petition(PIL) No.7540 of 2006 -3- notification under Section 6 of the Act stood quashed, it amounts to quashing of the entire acquisition proceedings, based on the above notification. It was further observed by this Court that the authorities, if wish to acquire the land, belonging to the abovesaid petitioner and others, only course open to them was to take fresh steps in accordance with law under the provisions of the Act. As per the petitioner, notwithstanding two orders passed by this Court, referred to above, respondents-authorities continued to carve out and sell plots in the land, in dispute. Thereafter again notification was issued under Section 4 of the Act on 2.5.2001 to acquire land measuring 255.86 acres. Land owners were asked to file objections under Section 5 of the Act, however, subsequent thereto, another notification dated 11.5.2001 read with Section 17 of the Act was issued and the land owners were deprived of an opportunity to file objections against the proposed acquisition. After getting report with regard to nature of structures existing at the spot, notification under Section 6 of the Act was issued on 30.4.2002. The Collector awarded compensation vide Award dated 27.4.2004. Petitioner, in this petition has also narrated tale of woe of many land owners, who failed to get justice at the hands of the authorities and also merciless treatment given to them. Petitioner has further stated that many houses were got demolished on 28.12.2005 by ignoring orders passed by this Court. By stating as above, petitioner prayed that the acquisition proceedings be quashed. In response to notice issued, separate replies have been filed by the official respondents and private respondents, who were impleaded by Civil Writ Petition(PIL) No.7540 of 2006 -4- effecting amendment in the writ petition. The official respondents have justified acquisition of the land. Prayer made has been opposed by stating that this writ petition has been filed with ulterior motives. Petitioner has no interest in the land acquired. It was open to the land owners to lay challenge to the acquisition proceedings, some of them did so and their writ petitions are pending in this Court. Others, who remained satisfied with the acquisition, accepted the compensation, moved applications for its enhancement, which was also granted to them. They had received the enhanced amount of compensation. It has further been stated that originally, notification under Section 4 of the Act, was issued in the year 1987, declaration under Section 6 of the Act was issued in the year 1988. Many land owners came to this Court and on account of pending litigation and interim orders passed by this Court, the respondent-department was in a position to get possession of only 92 acres of land, upon which development activities continued, plots were carved out and allotted to various purchasers. When this Court passed order on 29.9.1992, quashing notification issued under Section 6 by the respondents, the owners of land measuring 92 acres did not raise any objection and made no attempt to refund the amount of compensation received by them. In view of above, that chunk of land was developed and plots were allotted as per Policy of the State. With a view to ensure complete development of Sector 15, Jagadhari, another notification under Section 4 of the Act was issued on 2.5.2001 in respect of land measuring 255.86 acres. Opportunity, to the land owners was given, to file objections against the above said notification. Civil Writ Petition(PIL) No.7540 of 2006 -5- Subsequent thereto, another notification under Section 4 read with Section 17 of the Act dated 11.5.2001 was issued to acquire land measuring 13.74 acres. Latter portion of the land was sought to be acquired with a view to provide access road to Sector 15, Jagadhari. It has also been stated that by tampering with the documents, petitioner has confused this Court and has tried to show that no opportunity to file objections, was granted to the land owners. Respondents have further stated that award was pronounced on 27.4.2004. At the time of arguments, petitioner has reiterated the arguments as noticed by this Court in earlier part of this order. He has prayed that action of the respondents in acquiring the land was not justified. Vide acquisition, referred to above, many poor and small land owners have been uprooted, whereas no loss has been caused to the big land owners. He further argued that by not complying with the orders passed by this Court on 29.9.1992 and 15.7.1994, the official respondents have committed contempt of the Court for which they need to be punished. He prayed that the writ petition be allowed and acquisition proceedings be quashed and further that compensation be paid to the land owners, whose houses were wrongly demolished by the respondents. State counsel and counsel appearing for the private respondents have vehemently opposed the prayer made, by stating that the petitioner has no interest whatsoever in the present dispute. He was neither owner nor residing in the land, which was subject matter of acquisition. Some of the land owners had exercised their rights to lay challenge to the land acquisition proceedings. Others remained satisfied with the award given Civil Writ Petition(PIL) No.7540 of 2006 -6- and had received the compensation for their land. Prayer has been made to dismiss this writ petition. After hearing counsel for the parties, we feel that this writ petition deserves to be dismissed. In his writ petition, the petitioner has nowhere stated that the land owners, whose land was acquired, were not in a position to agitate their rights being poor. He has further not stated that on account of any handicap, it was not possible for them to approach this Court or any other forum for redressal of their grievances. It has come on record that when land was originally acquired, some of the land owners came to this Court, their writ petitions were allowed, however, with regard to 92 acres of land, no objection was raised, the owners accepted the compensation and remained satisfied. Even after quashing of the notification issued under Section 6 and subsequent order passed by this Court, none of the land owners, with regard to above said 92 acres of land, made any attempt to refund the compensation amount already received by them. Under above said circumstances, action of the official respondents in continuing with development activities over that portion of the land, carving out and allotting plots to the private respondents and others, cannot be treated as violation of the orders by this Court. Ample opportunity was available to the land owners, whose land was acquired to claim their rights independently or under the orders passed by this Court, as mentioned above. Once they had failed to do so, it is not open to the petitioner to lay challenge to the action of the official respondents to develop the area in question. Civil Writ Petition(PIL) No.7540 of 2006 -7- It is also apparent from the records that in the year 2001, another notification under Section 4 of the Act, to acquire land measuring 255.86 acres was issued. Opportunity to file objections was granted to the land owners, after hearing their objections, final notification was issued under Section 6 of the Act and thereafter, Award was also pronounced qua area with regard to which, notification under Section 6 was issued. It has also come on record that separately another notification under Section 4 of the Act was issued on 11.5.2001 to acquire land measuring 13.74 acres. In that notification, provisions of Section 17 of the Act, were also invoked as the land was urgently needed for providing approach road to Sector 15, Jagadhri. In view of above said facts, contention of the petitioner that opportunity, to file objections was not granted, appears to be false. As per admitted facts, development activities continued over some portion of the land even after quashing of notification under Section 6 of the Act by this Court on 29.9.1992. After allotment of plots, many purchasers have raised construction over the above said property. Subsequent notifications were also issued in the 2001, award was pronounced in 2004. Some of the right holders, who felt aggrieved, had laid challenge to the acquisition proceedings. The petitioner has filed this writ petition in the year 2006, which we feel has been filed at a belated stage. In acquisition proceedings, land owner, whose land is sought to be acquired, is the affected person, if he/she fails to lay challenge to those proceedings, it will not be open to any other individual to lay challenge to those proceedings by way of public interest litigation. Same is the situation Civil Writ Petition(PIL) No.7540 of 2006 -8- in this case. The petitioner has no interest whatsoever in the land in question. The land owners, who were dis-satisfied with the acquisition proceedings, have already come to this Court, others who were satisfied have accepted the compensation and even moved application for its enhancement. In view of facts mentioned above, we feel that nothing survives in this writ petition. Facts and circumstances of this case clearly indicate that the official respondents had not committed any violation of the interim orders passed by this Court. No case is made out for interference. Accordingly, the writ petition and the contempt petition are dismissed. (JASBIR SINGH) JUDGE 27.02.2009 (T.S.THAKUR) gk CHIEF JUSTICE