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2023 Supreme(P&H) 2234

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

Advocates Appeared:
Mr. Aashish Chopra, Sr. with Ms. Mehar Nagpal and Mr. Varun Arjan Sharma, Advocates; For the Petitioners
Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana
Mr. Amit Jain, Advocate for the respondent No.8.

Headnote:(A) Land Acquisition Act, 1894 - Sections 4 and 6 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 101-A - Writ petition dismissed for being frivolous and ill-founded - Petitioners sought to quash acquisition notifications issued circa 1971, claiming lack of knowledge of acquisition proceedings - Court noted that petitioners acquired land post-termination of acquisition and lacked locus standi to challenge proceedings - Held, sale deeds executed by original landowners post-acquisition are void ab initio and do not confer any rights - Court directs inquiry into unholy nexus between builders and planning authorities. (Paras 24, 32, 38)

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:-

    "11. Though the statistics in respect of the observations (supra), have not been to the fullest extent, thus supplied through an affidavit sworn by the officer(s) concerned, but yet there has to be an apposite thereto ad nauseum detailed exercise to be done, at the instance of the concerned. Consequently, the learned ACS, Urban Local Bodies, and, C.A., HSVP are directed to forthwith constitute a team of officers drawn from all the Agencies, involved in acquisition of lands for public purpose, and to also ensure that such a constituted team thus, on the subsequent date of hearing, draws detailed statistics and also places on record such drawn statistics, and, as relate to: (i) the lands which were subjected to acquisition, and, such acquisitions, as stated in the acquisition notification, being of an area of land, but plainly and prima facie in commensuration with the demands of public purpose, for which such acquisition notification became drawn, and, became issued; (ii) the statistics appertaining to whether post th

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