Maman And ORS v. State Of Haryana And ORS



  
       
 



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3. That the writ petition is not maintainable which has been filed by the petitioners seeking to quash the notification dated 02.05.1972 (Annexure P-1) and notification dated 18.07.1972 issued under sections 4 and 6, respectively and also the notice under section 9 of the Land Acquisition Act, 1894 (hereafter in short referred to as 'Old Act') claiming these to be in violation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter in short referred to as 'New Act') taking shelter of the section 24 of the New Act. The petitioners are actually mis-stating that after the commencement of New Act w.e.f. 01.01.2014, the old Act shall cease to have any effect.

On the other hand, no doubt the old Act has been repealed but the repeal of an Old Act shall be without prejudice to the provisions of section 6 of the General Clauses Act.

It has been held by the Hon'ble Supreme Court of India in Jagan M. Seshadri V. State of Tamil Nadu reported in AIR 2002 SC 2399 amongst other plethora of judgments that any act done or any action taken or purported to have been done or taken under or in pursuance of the repealed Act, shall, in so far as it is not inconsistent with the provisions of New Act, be deemed to have been done or taken under or in pursuance of the corresponding provisions of the New Act. In the instant case, there is no dispute that when the notifications under section 4 and section 6 of the Act 1894 were issued respectively on 02.05.1972 and 18.07.1973, it was the Old Act which was in operation. In addition to that the phraseology of section 4 and section 6 of the old Act is in para-materia with sections 11 and 19, respectively of the New Act.

The opportunity of filing objections as provided under section 5A of the Old Act is also in para-materia with the section 15 of the New Act and the notice issued under section 9 of the Old Act is also in consistence with the section 21 of the New Act.



to be inconsistent with the provisions of New Act. Moreover, the new provisions cannot substitute repealed provisions of law and application of new provision to repealed provision in any proceeding will offend section 6 as has been held by the Hon'ble Supreme Court of India in Jagan M. Seshadri case (supra). As such, Section 24 of the 2013 Act is applicable "without prejudice to the application of Section 6 of the General Clauses Act, 1894"."

4. That the petitioners are estopped by their own acts and conduct from filing the present Civil Writ Petition. As has been admitted by the petitionersthat their land had been acquired and the possession of their land so acquired had been taken by the concerned department and as such, the land of the petitioners, on the basis of acquisition, vests to the State of Haryana, free from all encumbrances. Therefore, seeking the relief of RELEASE of the acquired land in the rest part of the writ petition is also not maintainable.

Moreover, the plea of the petitioners for seeking such reliefs as taken in the petition revolves around the non-payment of compensation for their acquired land but it is again the petitioners who ceased to cooperate and refused to receive the monies of compensation, as and when so offered to be given or even when it was deposited in the concerned Treasury. None from the petitioners came to receive the amount of compensation payable to them. Even the office of answering respondent made a number of correspondence to the petitioners calling and inviting them to receive the cheques of their payments of compensation but the petitioners never received the compensation offered to them by cheques nor did they come to receive the payment either. As such, the petitioners cannot take benefits of their own wrongs.

Now in view of the amendment by way of Ordinance the contention of the petitioners are of no assistance to them.

6. That the petitioners have not come to this Hon'ble High Court with clean hands and have suppressed the true and material facts from this Hon'ble High Court.

7. That the claim of the petitioners is not only time-barred but is also barred by other laws for the time being in force more particularly when almost all the equally situated people whose lands had been acquired for the public purpose alongwith the



land of petitioners, had already received their compensation regardless of the fact they were satisfied with the extent of compensation or not. The amount of compensation payable to the petitioners also stood deposited in relevant accounts but the petitioners are not receiving the same with ill-motives.

8. That the writ petition is badly hit by the principles of resjudicata as the same issues of payment of compensation, which has been actually claimed under the garb of repealed Act, has already been settled twice in the writ petitions No.1043 of 2010 and CWP No.22629 of 2011 whereafter also, the answering respondent offered the payment of compensation to the petitioners but instead of receiving the same, the petitioners are adamant to keep the matter prolonged in the Courts of law for no use for the reasons best known to the petitioners. The petitioners were sent the cheques containing the fully calculated amounts of compensation, which was refused to be received by the petitioners. Copy of the letter and compensation cheques so sent to the petitioners are enclosed as Annexure respectively. R-1 and Annexure R-2,respectively.

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