GURBAX SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have approached this Court by filing the instant petition under Article 226 of the Constitution seeking a mandamus directing the respondents to release the amount of compensation in respect of the acquired land belonging to the petitioners, which according to them was acquired vide notifications dated 24.12.2004 and 11.7.2005, issued under Sections 34(1) and 3D(1) of the National Highways Act, 1956 (for brevity,'the Act'), respectively.

(2.) The grievance of the petitioners is that they were owner of land measuring 22 Kanals 11 Marlas comprised in Khasra Nos. 55//1 (0-14), 53//2 (4-13), 55//3 (6-13), 53//4 (3-17), 53//5 (2-1) and 53//6 (4-13), situated at Village Chak Ala Baksh, Tehsil Mukerian, District Hoshiarpur, as per jamabandi for the year 2006-07 (P-1). On 24.12.2004, a notification under Section 3A(1) of the Act was issued by the Government of India, which was published in the newspapers on 21.1.2005, showing its intention to acquire the land falling under the revenue estate of 37 villages in Dasua Sub Division, including the aforementioned land belonging to the petitioners. Thereafter, on 11.7.2005, a declaration under Section 3D(1) of the Act was issued acquiring the land. The petitioners have claimed that by virtue of the aforementioned notifications their total land measuring 22 Kanals 11 Marlas was acquired by the Union of India-respondent No. 1. According to the petitioners the amount of compensation in respect of the acquired land has been disbursed to the other land owners of different villages but they have been deprived of the same on the pretext that a road already exists on the land in question. On 4.6.2009, the petitioners also sent a demand justice notice to the respondents but the Sub Divisional Magistrate-cum-Land Acquisition Collector, Mukerian-respondent No. 4 has failed to disburse the amount of compensation.

(3.) In response to the notice of motion, respondent Nos. 1 and 2 initially filed a short reply dated 15.12.2009 asserting that the petitioners have not approached this Court with clean hands and suppressed material facts. It has been stated that a road is already in existence since 1952 over the land belonging to the petitioners and the compensation was paid to them long ago at the time of acquisition. However, due to some mistake the mutation entry in the revenue record was not carried out. But the land had already vested in the Government. On 27.1.2010, a detailed written statement was filed on behalf of respondent Nos. 1 and 2 wherein it has been asserted that as per Register of Mutation of Mukerian, Hadbast No. 262 and 264, page No. 29, Tehsil Dasuya, District Hoshiarpur, in pursuance of notification bearing No. 95.90, dated 3.7.1952, notification No. 2059R, dated 10.4.1952, and Award No. 26, dated 13.8.1953, a sum of Rs. 36,828 and 11 Annas and Rs. 6065 and 8 Annas was paid for the acquired land (R-6). However, respondent Nos. 1 and 2 showed their inability to respond in a proper manner for want of proper information and record.