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2023 Supreme(P&H) 2231

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Ram Phal & Ors. – Petitioners
Versus
State of Haryana & Ors. – Respondents
CIVIL WRIT PETITION NO. 15172 of 2023
Decided On : 19-07-2023

Advocates Appeared:
Mr. Rupinder Khosla, Senior Advocate with Mr. Sarvesh Malik, Advocate; For the Petitioners
Mr. Ankur Mittal, Advocate, Ms. Kushaldeep K. Manchanda, Advocate and Mr. Shivam Garg, Advocate for Respondent no. 3-HSVP.

Headnote:(A) Land Acquisition Act, 1894 - Sections 4, 6, and 11; Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24(2) and Section 101-A; Petitioners sought de-notification of lands acquired in 1983, claiming lands were unviable near military depot. Court found petitioners engaged in multiple litigations to retain illegal possession and failed to prove lands were unviable, upholding the need for public interest over private interest. (Paras 1-21)

(B) Public Interest - Land acquired should serve public needs; acquisition proceedings valid if no procedural lapse. Private interests do not outweigh public necessities. (Paras 10, 20)

Facts of the case:
Petitioners claimed ownership over lands acquired in 1983, contending they should be released due to proximity to military installations and asserting illegal retention of possession. (Paras 1-9)

Findings of Court:
Court found no merit in claims, emphasizing delay and laches barred petitioners from seeking relief after 40 years. (Paras 11-21)

Issues: The court examined if prior litigations barred current claims under the doctrine of constructive res judicata and whether the grounds for de-notification were sufficiently demonstrated.

Ratio Decidendi: Court reasoned that established laws empower acquisition for public purposes, and delays in challenging such actions cannot revive stale claims. Mandamus for reconsideration requires substantive grounds, not mere assertions. (Paras 10-21)

Result: Petition dismissed.

Table of Content
1. legitimacy of land acquisition and claims. (Para 1 , 4)
2. malafide intent behind petition. (Para 2 , 3)
3. history and status of litigation. (Para 5 , 6)
4. insufficient evidence to support claims. (Para 7 , 15 , 20)
5. constructive res judicata as a defense. (Para 8 , 10 , 11)
6. conditions for denotification of acquired land. (Para 12 , 13 , 18)
7. public interest over private interest. (Para 17 , 19)
8. dismissal of the writ petition. (Para 21)

JUDGMENT

Mr. Kuldeep Tiwari, J.

Through the instant writ petition, the petitioners crave the indulgence of this Court, for issuance of a mandamus upon the respondent(s) concerned, to allot/release the lands of the petitioners, acquisition proceedings whereof were lawfully terminated in the year 1983, i.e. around 4 decades back. The relief (supra) is cast on the premise that the acquired lands fall in close proximity, i.e. within 900 meters, of the restricted area of the Ammunition Depot of the Military.

2. The instant writ petition, though is camouflaged to reap the relief (supra), however, the primary reason behind the institution of the instant writ petition, appears to be the malafide intention of the petitioners to retain their illegal possession over the acquired petition lands.

3. However, before delving into the controversy at hand, it would be apt to record here that through the instant writ petition, the petitioners have entered into a third round of litigation, thereby seeking de-notification of the petition lands, which were lawfully acquired around 4 decades back. Therefore, we deem it imperative to first trace the genesis of the controversy, vis-a-vis, the factual backdrop of the case, to conclusively give quietus to the litigation(s).

Factual Background

4. The petitioners claim themselves to be the owners of the petition lands, being successor(s)-in-interest of Yadu and Harnarain, whose demises occurred in the year 1990. The petition lands were brought to acquisition by the respondent-State, through issuance of a preliminary notification under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the 'Act of 1894') on 6.7.1981, which was succeeded by issuance of a declaration under Section 6 of the Act of 1894, on 25.6.1982. Thereafter, an award under Section 11 of the Act of 1894, in respect of the acquired petition lands, was pronounced on 25.3.1983, and, on the very day, the possession thereof was also assumed by the erstwhile Haryana Urban Development Authority (now Haryana State Industrial and Infrastructure Development Corporation Ltd.). The receiving of the compensation amount by the petitioners, as assessed by the Collector concerned, is an uncontested factum. Moreover, it is also apparent from record, that no challenge was laid to the acquisition proceedings (supra), until the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013').

5. Upon coming into force of the Act of 2013, the petitioners availed the provisions of Section 24 (2) of the Act of 2013 by instituting before this Court, a writ petition bearing No. CWP-10754-2014, titled "Ram Phal and others v. State of Haryana and others", thereby seeking quashing of the notification, declaration and award (supra). The petitioners claimed the relief (supra), on the premise, that though compensation has been received, but physical possession is yet with the petitioners, and, that they are ready and willing to refund the compensation amount along with interest. However, this Court disposed of the writ petition (supra), vide order dated 05.05.2015 (Annexure P-8), thereby reserving liberty to the petitioners to, within two months, make a detailed representation, canvassing therein all the pleas as raised in the writ petition (supra), and, also imparted directions to the respondent(s) therein, to decide such representation of the petitioners, but within a period of four months

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