Kassam & Ors. v. State of Haryana & Ors.

CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Gurdev Singh Present: Mr.Lokesh Sinhal, Advocate for the petitioners Jasbir Singh, J. (Oral) This writ petition has been filed with a prayer to quash a notification dated 31.3.2008 (P3), issued under Section 4 of the Land Acquisition Act, 1894 (in short, the Act), to acquire a vast track of land, including land of the petitioners. Further prayer is to quash a notification dated 27.3.2009(P4), issued under Section 6 of the Act. At the time of arguments, it transpired that when opportunity was granted, the petitioners failed to file objections under Section 5-A of the Act. If that is so, in view of ratio of the judgment of a Division Bench of this Court in CWP No.14673 of 2007 titled as Nishi Gupta and another v. State of Haryana and another, decided on 8.7.2008, writ petition at the instance of the petitioners, is not maintainable. Not only as above, the notification under Section 4 was issued on 31.3.2008, the petitioners did nothing and remained satisfied with the above said notification. Objections Civil Writ Petition No.19658 of 2010 2 under Section 5-A of the Act were not filed and thereafter, they allowed the award to be pronounced by the authorities. Thereafter, this writ petition has been filed. In view of judgments of the Hon’ble Supreme Court in Star Wire (India) Ltd. v. State of Haryana, (1996) 11 SCC 698; Municipal Council Ahmednagar v. Shah Hyder Beig, (2000) 2 SCC 48; C. Padma v. Dy. Secretary to the Government of Tamil Nadu, (1997) 2 SCC 627; and M/s Swaika Properties Pvt. Ltd. v. State of Rajasthan, JT 2008 (2) SC 280, this writ petition cannot be entertained. Dismissed. However, it is made clear that if the petitioners are entitled to get any benefit under the rehabilitation scheme, they may approach the authorities concerned for the said relief. (Jasbir Singh) Judge

02.11.2010 (Gurdev Singh) Judge