RAJ KUMAR GANDHI Vs. CHANDIGARH ADMINISTRATION & ORS.

JUDGEMENT

(1.) The appeals have been filed aggrieved by the judgment and order passed by the High Court, dismissing the writ petitions filed to question the land acquisition made with respect to Scheme No.3, Pocket No.8.

(2.) A notification under section 4 of the Land Acquisition Act, 1894 (for short, "the Act") was issued on 31.1.1992. Public purpose mentioned was for the development of residential cum commercial complex in scheme No.3. Declaration under section 6 of the Act was issued on 29.1.1993. The petitioners filed a writ petition on 28.7.2004 questioning the acquisition as well as the award dated 5.3.2003. According to the petitioners it was passed after the lapse of three years of the notification issued under section 6 of the Act after excluding the period of interim stay granted by the court. The acquisition had lapsed. The second ground raised to assail the award was that it was not approved by the appropriate Government but by the Advisor to the Administrator of Union Territory.

(3.) In the reply filed by the Chandigarh Administration, it was contended that as many as 31 writ petitions were filed challenging the said notifications issued under sections 4 and 6 respectively. In the writ petitions including C.W.P No.2126 of 1993, further land acquisition proceedings were stayed by an interim order dated 24.2.1993. Ultimately these writ petitions were dismissed by the Division Bench on 22.9.1995. Thereafter, yet another writ petition C.W.P. No.4433 of 1996 was filed in which further proceedings stayed till further orders. It was allowed by a short order dated 11.8.1997 without noticing the earlier stay of proceedings and the notification under section 4 and declaration under section 6 were quashed. Chandigarh Administration then filed review application which was allowed by a detailed order dated 31.1.2003 and order dated 11.8.1997, allowing writ petition, was recalled. A number of other writ petitions were also filed being C.W.P. No.14804 of 1993, C.W.P. No.14892 of 1998, and C.W.P. No.14903 of 1998. There was a stay of further proceedings but ultimately these were dismissed on 30.9.1998. Another batch of writ petitions being C.W.P. No.10287 of 1997, C.W.P. No.10668 of 1997, C.W.P. No.10676 of 1997, C.W.P. No.10589 of 1997, C.W.P. No.10960 of 1997, C.W.P. No.10661 of 1997, C.W.P. No.12043 of 1997 and C.W.P. No.16715 of 1997 were also filed. There was a stay of further proceedings but ultimately these writ petitions were also dismissed by the Division Bench on 4.8.1998. Thus, there were 43 different writ petitions. Further proceedings remained under stay from 24.2.1993 to 31.1.2003. Thereafter, public notice under section 9 was issued on 6.2.2003 for filing the objections up to 28.2.2003. Public notice to this effect was published in leading newspapers on 8.2.2003 and 9.2.2003. Individual intimations were also sent to all the landowners to file their objections. Thereafter, award was pronounced on 5.3.2003 and again ex parte interim stay had been obtained on 1.3.2005 by mentioning the wrong facts. After excluding the period of stay the award had been pronounced within the period of two years from the date of declaration published under section 6 of the Act. The construction raised was unauthorised and against the provisions of the Periphery Control Act. Therefore, the exemption was not granted. Notifications under section 4 were issued after sanctioning by the Administrator. Thus, there was no illegality in the acquisition.