PUNJAB & HARYANA HIGH COURT
V.K.Bali and Satish Kumar Mittal JJ.
Hardayal Singh
Versus
State Of Punjab
Civil Writ Petition No. 13754 of 2000,
Decided On : AUGUST 5, 2002
Land Acquisition - Welfare Scheme - Land Acquisition Act, 1894 - Section 4, Section 6, Section 9, Section 11 - The court discussed the acquisition of land for a welfare scheme to provide dwelling units to landless Harijans. It highlighted the notifications issued under Section 4 and Section 6 of the Land Acquisition Act, as well as the possession of the land and the award announced pursuant to the notifications. The court emphasized the importance of the acquisition proceedings and the rights of the landless Harijans, ultimately dismissing the writ petition with costs.
Fact of the Case:
A small area of land was notified for acquisition to provide dwelling units to landless Harijans. The petitioner filed a writ petition to quash the notifications and challenge the possession of the land by private respondents.
Finding of the Court:
The court found that the acquisition proceedings had taken place, possession of the land had been secured, and steps for allotment of land to landless Harijans had been promised by the government. It also concluded that the petitioner's claim was false and filed to perpetuate injustice to the beneficiaries of the land acquisition.
Issues: The issues revolved around the validity of the acquisition notifications, possession of the land, and the petitioner's claim to the property.
Ratio Decidendi: The court emphasized the importance of acquisition proceedings for the welfare of the landless Harijans and the duty to dismiss frivolous and vexatious litigation. It also highlighted the right of citizens to access legal forums but emphasized that such access should not be abused.
Final Decision: The writ petition was dismissed with costs quantified at Rs. 25,000, and the Deputy Commissioner was directed to recover the costs as arrears of land revenue if not paid within two months.
V.K.Bali, J.
1. A small area of land measuring 14 kanals was notified for acquisition on 4th February 1974 to ameliorate the sufferings of landless Harijans for providing a small dwelling unit to them in a colony that was to be established by the Government on this piece of land. A period of almost three decades has gone by and yet, the object for which land was acquired, has not been achieved, thus, rendering a section of the society unable to get over the problem of home stead, so essential for life. The present case provides classic example where a welfare scheme, envisaged by the Government for providing a small dwelling unit to the most needed section of the society, has been thwarted by some influential persons, like petitioner, in connivance with the Government officials. This injustice caused to the weaker section of the society, endeavored by the influential persons, like petitioner, is sought to be perpetuated by means of present writ petition filed under Article 226 of the Constitution of India.
2. Hardayal Singh, who appears to be fighting a proxy litigation, as would emanate from the facts to be given hereinafter, has filed this petition under Article 226 of the Constitution of India, against the State of Punjab, officers of the Government and 64 others, to quash notification dated 4th February, 1974 (Annexure P.7), issued under Section 4 of the Land Acquisition Act, 1894 (for short the Act) as also notification under Section 6, notice under Section 9 and award announced, pursuant to the notifications, in 1974.
3. Brief facts, as projected in the petition reveal that land comprised in Rect. No. 60, Kiila No. 17(6-4), 14(7-16), total measuring 14 kanals, was owned by Aziz, Diwan and Ram Singh in equal shares situated at village Mithri Budhgir. Further, vide mutation bearing No. 1567, the said land was transferred in favour of the provincial Government on 20th January, 1977, Still further, vide mutation No. 1568 this land was transferred to private respondents, i.e., respondent Nos. 4 to 67 for construction of a colony. One of the original owners, namely, Aziz, is stated to have died on 27th February, 1980. Mutation with regard to his inheritance was sanctioned in favour of petitioner on the basis of an oral will. It is then pleaded that in February, 1995, some of the private respondents tried to dispossess Surinder Singh son of Shri Harchand Singh from the land in dispute. Constrained, Surinder Singh, filed civil suit which was dismissed by learned Additional Civil Judge (Senior Division), Giddarbaha on 4th November, 1996, against which Surinder Singh filed an appeal, on the basis of his being a tenant, which was allowed by learned Additional District Judge, Faridkot on 29th October, 1997. Some of the private respondents filed Civil Writ Petition No. 15950 of 1998 in this Court against the Panchayat Department as also Surinder Singh aforesaid, who was stated to be in possession of land in dispute, for issuing a direction to construct the colony for Harijans. The respondent-State appeared and filed written statement wherein it took the plea that land had been acquired vide notification dated 4th February, 1974. During the pendency of writ petition aforesaid, Block Development and Panchayat Officer-respondent No. 2 herein, took actual physical possession of the land,even though till date land in dispute is stated to be in cultivating possession of Surinder Singh. Writ aforesaid was disposed of on 30th November, 1999 on the statement made by learned Deputy Advocate General, Punjab that necessary steps for allotment of land to landless Harijans would be taken within a period of three months. In February, 2000, the petitioner came to know that private respondents were taking steps to get the possession. On enquiries he came to know about the Rapat Roznamchas, notification and order dated 30th November, 1999 passed by this Court. Thereafter, petitioner is staled to have tried to obtain the copies of declaration u
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