Mange Ram And ANR. v. State Of Haryana And ORS

CWP No.1493 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1493 of 2016 (O&M) Date of decision : 8.11.2017 Mange Ram and another .. Petitioners versus The State of Haryana and others .. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal Hon'ble Mr. Justice Gurvinder Singh Gill

Present:

Mr. Vikram Singh, Advocate and Mr. Hardeep Singh Dhillon, Advocate, for the petitioners. Mr. Ankur Mittal, Additional Advocate General, Haryana with Mr. Manoj Dhankhar, Assistant Advocate General, Haryana. Mr. Lokesh Sinhal, Advocate, for HSIIDC/respondent No.3. Rajesh Bindal, J.

The petitioners have approached this Court praying for quashing of acquisition of land, where notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act'), were issued on 11.7.2006 and 16.7.2007, respectively. Award was announced by the Land Acquisition Collector (for short 'the Collector') on 23.6.2009. The petitioners claimed that they are owner of 172 square yard of land, where even construction had also been raised. Learned counsel for the petitioners raised plea of discrimination claiming that large chunk of land, where no construction existed, was released from acquisition even after award was announced by the Collector.

Learned counsel for the respondents, at the very outset, submitted that firstly the present petition deserves to be dismissed being highly belated. Award in the present case was announced on 23.6.2009 and the present petition was filed after more than six years in January 2016. It Sharmila Devi 2017.11.14 10:33 I attest to the accuracy and integrity of this document

CWP No.1493 of 2016 -2was further submitted that after the award was announced by the Collector, the petitioners have received the amount of compensation amounting to ` 82,720/-, which has even been mentioned in the impugned order passed by the Principal Secretary to Government of Haryana, Industries and Commerce Department in compliance to the earlier order passed by the Court for decision of representation made by the petitioners. Once, the petitioners have already received compensation for the acquired land, they have no locus to challenge the acquisition.

After hearing learned counsel for the parties and considering the fact that the acquisition of land was complete after the announcement of award by the Collector and the petitioners having received compensation, they do not have any locus to challenge the acquisition that too more than six years after the award was announced by the Collector. The present petition is accordingly dismissed.

(Rajesh Bindal) Judge (Gurvinder Singh Gill) Judge 8.11.2017 sharmila Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sharmila Devi 2017.11.14 10:33 I attest to the accuracy and integrity of this document