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2015 Supreme(P&H) 619
PUNJAB & HARYANA HIGH COURT
Hemant Gupta, Hari Pal Verma, JJ.
Jatinder Nath Sharma and Ors. - Appellant
Versus
Chandigarh Administration and Ors. - Respondent
C.W.P. No. 12468 of 2012
Decided On : 22-04-2015
For the Respondents:Sanjeev Sharma, Sr. Advocate and Vikram Vir Sharda, Advocate
The judgment established that claims for easementary rights, such as the right of passage, on acquired land are automatically dissolved once the land is acquired by the government.
Headnote:
Easementary Rights - Land Acquisition Dispute - Land Acquisition Act, 1894, Section 4, Section 5-A, Section 6 - The court discussed the petitioners' claim for easementary rights, specifically the right of passage, over the land under acquisition. The court referred to the judgment in HP State Electricity Board v. Shiv K. Sharma 2005(2) SCC 164 to support the petitioners' assertion that their easementary rights were not extinguished by the acquisition. However, the court ultimately dismissed the writ petition, stating that the claim for passage on the acquired land was unfounded and that such claims are automatically dissolved once the land is acquired by the government.
Fact of the Case:
The petitioners sought quashing/modification of a site plan that closed the only passage linking their agricultural land to the main road, making the land unusable. The land was acquired for industrial use, and the petitioners claimed an easementary right to the passage.
Finding of the Court:
The court dismissed the writ petition, stating that the claim for passage on the acquired land was unfounded and automatically dissolved once the land was acquired by the government. The court granted the petitioners liberty to approach the Civil Court to seek passage to their land.
Issues: The main issue was the petitioners' claim for easementary rights, specifically the right of passage, over the land under acquisition.
Ratio Decidendi: The court held that the claim for passage on the acquired land was unfounded and automatically dissolved once the land was acquired by the government. The court also stated that such disputed questions should be decided by a properly constituted suit in the Civil Court.
Final Decision: The writ petition was dismissed, but the petitioners were granted liberty to approach the Civil Court to seek passage to their land.
1. Through the instant writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have sought quashing/modification of the site plan dated 9.10.2009 vide which the only passage/kutcha path linking the main road with the land of the petitioners measuring 8 Bighas 3 Biswas comprised in Village Baltana has been compulsorily closed and this closure has completely made the agricultural land of the petitioners unusable, resulting into not only degradation and depreciation of the value of their agricultural land, but also in terms of utilization as well.
2. Briefly stated, the facts of the case are that agricultural land measuring 8 Bighas and 3 Biswas situated at Village Baltana, Tehsil and District Mohali was gifted to the ancestors of petitioners on 17.4.1917 and accordingly, mutation was sanctioned in favour of the forefathers of the petitioners. Since then, they are continuously enjoying the possession over the land. Another piece of land measuring 17 marlas situated at Khasra No. 14//16 and 14//24/3 Khewat No. 23, Khewat No. 23, Khatoni No. 23 situated in Village Raipur Kalan, Hadbast No. 371, UT, Chandigarh was purchased by the petitioners by way of registered sale deed dated 25.8.1981. The said land was adjoining and abutting the aforesaid agricultural land of the petitioners situated in Village Baltana, Tehsil and District Mohali. A clear kutcha path was provided by the revenue department of the successive Governments to the petitioners linking the main road of Raipur Kalan to their agricultural land situated at Village Baltana. The said path was approved by the revenue department and is in uninterrupted existence till date. The petitioners are using and enjoying the aforesaid lands situated in Village Raipur Kalan measuring 17 Marlas and in Village Baltana measuring 8 Bighas 3 Biswas. The land of the petitioners measuring 17 marlas situated in Village Raipur Kalan, UT, Chandigarh along with other land measuring 93.13 acres situated in Village Raipur Kalan Hadbast No. 371, Chandigarh and land measuring 61.39 acres situated in Village Mauli Jagran, Hadbast No. 373, Chandigarh was compulsorily notified for acquisition vide notification dated 12.6.2002 under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act") for setting up the industrial area and other allied uses of third Phase near Mauli Jagran, UT, Chandigarh. The objections under the provisions of Section 5-A of the Act were filed by the petitioners. For the said land, notification under Section 6 of the Act was also issued on 29.11.2002, which was followed by award dated 4.4.2003. Pursuant to passing of award, compensation was disbursed to the landowners including the petitioners. The petitioners accepted the compensation.
3. Since neither the land was released nor passage for ingress and egress was provided to the petitioners for the agricultural land situated in Village Baltana, they submitted their representation to the Deputy Commissioner, Chandigarh. The said representation was forwarded to respondent no.2, who sanctioned and provided rasta to the land of the petitioners while planning the development of the area including the road network connecting the same to Chandigarh, Baltana and Panchkula.
4. The petitioners were provided regular kutcha path duly approved and sanctioned by the revenue department which is still in existence, so as, to allow the petitioners to enjoy, utilize and reap the benefits of their agricultural land situated in Village Baltana, Tehsil and District Mohali as well as the land situated in Village Raipur Kalan, UT, Chandigarh. Moreover, after the acquisition in the year 2003, revised site plan of the area was approved by the Chandigarh Administration on 30.10.2003, wherein the regular road/rasta has been shown to be in existence, providing link to the agricultural land of the petitioners situated in Village Baltana to the link road i.e. road linking Baltana to Route No. 2 (Chandiga
