Dismissed

M/S Rani Shaver Poultry Breeding Farm Pv.T Ltd. v. State of Haryana and Ors.

Punjab & Haryana HC5 May 2010CWP/11679/1993

Case brief

AI extract

What is this about?

The Calcutta High Court held that a writ petition filed under Article 226 for quashing of land acquisition notification and declaration is incompetent after the award has been announced and possession of land has been taken by the State, as the land deems to vest in the State Government free from encumbrances.

What did the court decide?

The writ petition for quashing of acquisition proceedings and declaration is dismissed as it was filed after the award was announced and possession taken.

M/S Rani Shaver Poultry Breeding Farm Pv.T Ltd. Vs… — Land Acquisition | Punjab & Haryana HC (2010)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

¶2

C.W.P. No. 11679 of 1993

¶3

Date of Decision: May 5, 2010

¶4

Ranishaver Poultry Breeding Farms Private Limited

¶5

..Petitioner

¶6

Versus

¶7

State of Haryana and others

¶8

...Respondents

¶9

CORAM: HON'BLE MR. JUSTICE M.M. KUMAR

¶10

HON’BLE MR. JUSTICE JITENDRA CHAUHAN

¶11

Present: Mr. V.K. Jain, Senior Advocate, with Mr. Prashant Vashisth, Advocate, for the petitioner.

¶12

Mr. Kamal Sehgal, Addl. AG, Haryana, for the respondents.

¶13

To be referred to the Reporters or not?

¶14

Whether the judgment should be reported in the Digest?

¶15

M.M. KUMAR, J.

¶16

This petition filed under Article 226 of the Constitution prays for quashing notification dated 11.9.1990, issued under Section Sections 4 of the Land Acquisition Act, 1894 (for brevity, ‘the Act’) and declaration dated 10.9.1991, made under Section 6 of the Act (P-2 and P-4 respectively) and all consequential proceedings arising therefrom. The Government has acquired the land for a public purpose, namely, for the development and utilization of land as residential and commercial area in Gurgaon, under the Haryana Urban Development Authority Act, 1977, by the Haryana Urban Development Authority.

¶17

At the hearing, learned State counsel has apprised the Court that the instant petition was filed on 22.9.1993 whereas the award was announced on

¶18

CWP No. 11679 of 1993

¶19

¶20

8.9.1993 and possession of the land in dispute belonging to the petitioner was also taken. It has further been submitted that some area under acquisition has already been released, therefore, there is no room to release the land as the land after announcement of award, free from all encumbrances vests in the State Government.

¶21

Learned counsel for the petitioner has not been able to controvert the aforementioned factual position.

¶22

After hearing learned counsel for the parties we find that no ground is made out to accept the contention raised by the petitioner and to quash the acquisition proceedings subject matter of instant petition. Award in the present case has already been announced on 8.9.1993 before filing of the instant petition. It is well settled that no writ petition would be competent after passing of award because possession of land, free from all encumbrances was taken and it is deemed to be vested in the State Government. In that regard reliance may be placed on the judgments of Hon’ble the Supreme Court rendered in the cases of Municipal Corporation of Greater Bombay v. Industrial Development and Investment Company (P) Limited, (1996) 11 SCC 501; Municipal Council, Ahmednagar v. Shah Hyder Beig, (2000) 2 SCC 48; C. Padma v. Deputy Secretary to the Government of Tamil Nadu, (1997) 2 SCC 627; Star Wire (India) Ltd. v. State of Haryana, (1996) 11 SCC 698 ; and M/s Swaika Properties Pvt. Ltd. v. State of Rajasthan, JT 2008 (2) SC 280 .

¶23

In view of above, the writ petition fails and the same is dismissed.

¶24

(M.M. KUMAR) JUDGE

¶25

(JITENDRA CHAUHAN) JUDGE

¶26

May 5, 2010

¶27

CWP No. 11679 of 1993

¶28

¶29