Subhash Chand Garg and others vs State of Haryana and others

In this petition filed under Articles 226/227 of the Constitution

of India, the petitioners have prayed for issuance of a writ in the nature of

certiorari for quashing the notifications dated 25.11.2003 (Annexure P-6)

issued under Section 4 of the Land Acquisition Act, 1894 (in short "the

Act") and dated 9.9.2005 (Annexure P-9) under Section 6 of the Act having

been lapsed, in view of Section 24(2) of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 (hereinafter referred to as "2013 Act").

Petitioners No.2, 3 and 5 are the owners of land measuring 2

kanal 7 marlas situated within the revenue estate of village Patti Mehar,

Tehsil and District Ambala purchased by petitioners No.2 and 3 along with

the father of petitioner No.5 vide sale deeds dated 9.8.1990 (Annexure P-1)

and dated 8.8.1990 (Annexure P-2). Petitioners No.4 and 6 are the owners

of the land measuring 1 kanal 4 marlas and 410 square yards situated within

the revenue estate of village Patti Mehar, Tehsil and District Ambala

purchased by them vide sale deeds dated 16.4.1991, 16.8.1991 and

17.10.1990 (Annexures P-3 to P-5, respectively). Petitioner No.7 is owner

in possession of the land purchased vide registered sale deed dated

24.4.1991. Mutations thereof have already been recorded in favour of the

petitioners. The petitioners had constructed their residential houses having

''A'' class construction. The respondents have acquired the said land vide

notification dated 25.11.2003 (Annexure P-6) issued under Section 4 read

with Section 17 of the Act followed by notification dated 27.11.2003

(Annexure P-7) under Section 6 of the Act. Some of the landowners

challenged the said notifications in this Court by filing CWP No. 17134 of

2004 and this Court vide order dated 25.9.2004 (Annexure P-8) disposed of

the said writ petition along with other petitions with a direction that the

declaration under Section 6 of the Act qua the petitioners therein shall be

deemed to have been withdrawn and the respondents shall have the right to

issue a fresh declaration after consideration of their claim. In pursuance

thereto, the petitioners filed objections under Section 5-A of the Act.

However, the respondents vide notification dated 9.9.2005 (Annexure P-9)

acquired the land of the petitioners for the development and utilization of

the land for road between Sectors 8 and 11. Thereafter, the petitioners

approached this Court by way of CWP No. 11509 of 2006 and this Court

vide order dated 7.7.2008 (Annexure P-10) disposed of the said writ petition

along with other petitions as the respondents had submitted that the

Government would consider the release of the area of the petitioners which

did not fall in the alignment of road/green belt. In response thereto, the

respondents released the land of the petitioners and others except the land

comprised in khasra Nos. 16//16/2, 7/3, 14/3 etc. The petitioners moved a

representation dated 12.8.2016 (Annexure P-11) to respondent No.4 and the

Estate Officer, Ambala for release of the land in question, but to no effect.

They are still in physical possession of the land in question. No

compensation has been paid to the petitioners. According to the petitioners,

the acquisition proceedings have lapsed in view of Section 24(2) of the

2013 Act. Hence, the present writ petition.

Learned counsel for the petitioners submitted that the

petitioners are in physical possession of the land in dispute and no

compensation has been paid to them. It was claimed that in such

circumstances, in view of Section 24(2) of the 2013 Act, the notifications

under Sections 4 and 6 of the Act had lapsed. It was further submitted that

the petitioners have sent a representation dated 12.8.2016 (Annexure P-11)

to respondent No.4 and the Estate Officer, Ambala for release of the land in

question, but no action has so far been taken thereon. He, however, prayed

that liberty be granted to the petitioners to file a detailed and comprehensive

representation before the appropriate authority by incorporating the

grievance as raised in the present writ petition, however, direction be issued

to the authority concerned to decide the representation expeditiously in a

time bound manner in accordance with law.

After hearing learned counsel for the petitioners, perusing the

present petition and without expressing any opinion on the merits of the

case, we dispose of the present petition by granting liberty to the petitioners

to file a detailed and comprehensive representation raising all the pleas as

raised in the present writ petition before the appropriate authority. It is

directed that in the event of a representation being filed by the petitioners

within a period of two months from today, the same shall be decided in

accordance with law by passing a speaking order and after affording an

opportunity of hearing to them within a period of four months from the date

of receipt of representation. The petitioners shall be entitled to lead any

evidence to substantiate their claim before the concerned authority. Till the

matter is decided by the said authority, status quo shall be maintained by the

parties. It is, however, made clear that in case no such representation is

filed within the stipulated period as noticed above, the interim order shall

cease to operate, thereafter.