IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Ansal Township Infrastructure Ltd. & Ors. – Petitioners
Versus
State of Haryana & Ors. – Respondents
CWP 18758 of 2023
Decided On : 25-08-2023
| Table of Content |
|---|
| 1. the petitioners are accused of engaging in deceitful practices. (Para 1 , 5) |
| 2. the judicial actions initiated due to unlawful encroachments. (Para 2 , 3 , 4 , 6 , 10) |
| 3. grounds for quashing the acquisition notifications. (Para 8 , 9) |
| 4. details of acquisition proceedings and subsequent sales. (Para 12 , 14) |
| 5. legal standing and the implications of void transactions. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. awareness of acquisition proceedings and subsequent claims. (Para 28 , 30) |
| 7. deliberations on unutilized acquired lands and their de-notification. (Para 32 , 33 , 34) |
| 8. the petition is dismissed due to material concealment. (Para 38 , 39) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
The petitioners have deviously woven a web of artificial illegality, entangling the acquisition proceedings, which were lawfully terminated circa in the early 1970s, i.e. approx. 5 decades back. To the judicial conscience of this Court, the instant writ petition appears to be an ill-advised motion replete with a plethora of infirmities, as it proffers an intrepid venture of the petitioners, which emits a smell of foul play, besides, it also divulges the scandalous and unholy nexus prevailing inter se builders/colonizers and the Department of Town and Country Planning concerned.
2. The principal cause behind the petitioners being driven to this Court to invoke the constitutional remedy, as enshrined in Article 226 of the Constitution of India, but in utter disdain to the principles of equity, is to protect their illegal possession over lawfully acquired petition lands. This cause would never have arisen, had certain directions not been issued by this Court, in a different matter, upon the Department concerned of the respondent-State, to get vacated all encroachments, if any, from the acquired lands in the State of Haryana.
3. The instant writ petition, in fact, derives its genesis from the directions issued by this Court, in CWP-14077-2022, wherein, through an order drawn on 14.03.2023, the respondent-State concerned was directed to first identify the lands, which had been acquired for public purposes and whose awards have become final and thereafter, to conduct an exercise to ascertain the extent of encroachments on such acquired lands, either by the original landowner or by the subsequent vendees, as such acquired lands vest in the State concerned by virtue of the relevant awards and the status of the original landowners is of trespassers.
4. However, due to the lackadaisical approach of the authorities concerned, this Court, on 20.07.2023, had issued categoric directions in the writ petition (supra), upon the learned A.C.S., Urban Local Bodies, and, C.A., H.S.V.P. to forthwith constitute a team of officers drawn from all agencies, involved in acquisition of lands for public purposes, and thereafter, to place on record the detailed statistics relating to the subject matter, as is extracted hereinafter from the order dated 20.07.2023:-
Daulat Singh Surana v. First Land Acquisition Collector
The court affirmed that lands acquired for public purpose cannot be deemed unviable based solely on non-utilization, emphasizing the executive's discretion in assessing public interest.
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