2009 Supreme(P&H) 1928

PUNJAB & HARYANA HIGH COURT
T.S.Thakur and Kanwaljit Singh Ahluwalia JJ.
Usha Arora And Others
Versus
State Of Punjab
Civil Writ Petition No. 10622 of 1999,
CM No. 18707 of 2006,
Decided On : NOVEMBER 9, 2009

IMPORTANT POINT
Transferee of property under acquisition cannot challenge scheme or seek substitution in place of original petitioners--Transferee cannot acquire title better than one held by transferor--If vendors of properties themselves lost right to challenge acquisition proceedings on account of inordinate delay, laches and acquiescence transferee claiming under them could not claim better right to do so.

Headnote:(A) Punjab Town Improvement Act, 1922, S.36, 41 & 42--Land Acquisition Act, 1894--Acquisition of Land--Challenge to--Delay--Ajnala Road Development Scheme--Validity of--Collectors award made on 3.10.1973--Petition filed to assail the validity of sanction and award in 1999 i.e. after 26 years--No cogent explanation given for this inordinate delay--Owner of Land made attempt to assail validity of the scheme and claimed exclusion of 12 kanals of land did not raise objection against scheme or resultant Land Acquisition proceedings--Moreover, Petitioners who claim to be lessee were also notified by collector in connection with award proceedings pursuant where to each one of them not only participated in said proceedings but made claim for payment of compensation in the infavour--Challenge to validity of land acquisition proceedings is misconceived.

       (B) Punjab Town Improvement Act, 1922, S.36, 41 & 42--Land Acquisition Act, 1894--Acquisition of Land--Challenge to--Subsequent transferee--Right of--Transfer of land in question by lessee or their predecessors in interest did not bind Government or Improvement Trust as beneficiary of acquisition--Transfers in question cannot made basis by transferee to challenge validity of either scheme or acquisition proceeding initiated pursuant thereof--Therefore, transfer of property under acquisition cannot challenge scheme or seek substitution in place of original petitioners--Transferee cannot acquire title better than one held by transferor--It vendors of properties themselves lost right to challenge acquisition proceedings n account of in ordinate delay, laches and acquiescence transferee claiming under them could not claim better right to do so.

       (C) Punjab Town Improvement Act, 1922, S.48 & 56--Land Acquisition Act, 1894--Acquisition of Land--Exemption of Land from acquisition--Application for--Maintainability of--Neither Government nor Improvement Trust at any stage held any part of land to be unnecessary for scheme in question--Secondary applications for exemption were filed much after making of award--Conditions for consideration of request for exemption of land no satisfied--Therefore, petitioners cannot call for any mandamus directing respondents to consider their applications.

       (D) Land Acquisition Act, 1894--Acquisition of Land--Delay in execution of--Delay in taking possession of land under acquisition does not resulted in lapsing of acquisition proceedings when delay is on account of petitioners who obtained interim orders against their dispossession--If request for exemption/abandonment of land of acquisition could not be granted for failure of two essential requisites such exemption cannot be implied merely because less it has obtained interim orders against dis-possession and subsequent sold land to third party.

       (E) Punjab Town Improvement Act, 1922, S.36 & 42--Land Acquisition Act, 1894--Acquisition of land--Subsequent transferor--Change of land use--Withdrawal of--Notice--Finding that acquisition proceeding qua land in question is valid--Claim for exemption from acquisition proceeding found untenable--Transfer of rights held by lessee to subsequent purchaser not held to be binding upon Government and Improvement Trust--Withdrawal of order granting change of land use in favour of subsequent transferor without notice--Not illegal or suffering from procedural infirmity when they were holding land under transfer that was void and unenforceable against State Government and Improvement Trust.

       (F) Criminal Procedure Code, 1973--S.156--Indian Penal Code, 1860, S.420, 466, 467, 468, 471 and 120-B--Transfer or pending investigations to CBI--Allegation that transfer of land in dispute and grant of change of land use was part of big scam involving many senior public officers--Directions issued to police to conduct investigation within 6 months other wise same would stand transferred to CBI.