KANTI SWAROOP MEHTA Vs. STATE OF H.P.

JUDGEMENT

(1.) MATERIAL facts necessary for the adjudication of this petition are that the petitioner is owner of plot, measuring 15 bighas and 4 biswas, comprised in Khasra No. 341/3 entered at Khewat No. 30, Khatauni No. 31 min, situated at Mauja Shamti, Pargna Keontan -I, Tehsil and District Solan, H. P.. Respondent No. 1 for the public purpose, i.e., establishment of Sewerage Treatment Plant, proposed to acquire 4 bighas 12 biswas of land in Village Shamti from the land of the petitioner, comprised in Khasra No. 341/3/2/2/9/1, measuring 14 biswas, Khasra No. 341/3/2/2/9/4, measuring 2 bighas 11 biswas and Khasra No. 341/3/2/2/9/5, measuring 1 biswa, total measuring 3 bighas 6 biswas alongwith two other Khasra Nos., i.e., 262/3/1, measuring 1 biswa, owned by Smt. Geeta wife of Shri Sohan Singh and Khasra No. 1/1, measuring 1 bigha 5 biswas, owned by Smt. Vidya wife of late Shri Shankar. Respondent No. 2 sent a communication to the Land Acquisition Officer, Public Works Department, Solan on 24.04.2003 to initiate the process for providing road to Sewerage Treatment Plant at Solan. The assistant Engineer, I & PH, Sub Division, Solan sent a communication to the Land Acquisition Officer, Public Works Department, Solan on 23.06.2004 for preparing the necessary documents. The Executive Engineer, IPH Division, Solan, H.P. sent a communication to the Land Acquisition Officer, Public Works Department, Solan on 16.07.2004 to do the needful for the purpose of notification under Section 17(4) of the Land Acquisition Act, 1894. The notification under Section 4 was issued by respondent No. 3 on 07.02.2005. The notification under Section 6 was issued on 08.09.2005. Respondent No. 3 prepared the draft award vide Annexure P -7. The Land Acquisition Officer sent the draft award seeking approval of the State Government 17.01.2006 vide Annexure P -8. Thereafter, the respondent No. 1 sent a communication to the Land Acquisition Officer, Public Works Department, Solan on 11.09.2007 for de -notification of land for construction of Sewerage Treatment Plant in Mauja Shamti. Petitioner was also sent a notice, to which he filed reply vide Annexure P -12. However, fact of the matter is that vide notification dated 09.10.2007, Annexure P - 11, the land which was acquired for acquisition in village Shamti for construction of Sewerage Treatment Plant, was de -notified. Thereafter, the same was published in the daily edition of 'Hindustan Times ' and 'Dainik Bhaskar ' on 11.11.2007.

(2.) MR . Bhupender Gupta, learned Senior Advocate has strenuously argued that the notification dated 09.10.2007 (Annexure P -11) is bad in law. According to him, once the possession of the land has been taken over, the notification under Section 48 of H.P. Land Acquisition Act, 1894 could not be issued. He then argued that the action of respondents No. 1 and 2 to de -notify the land is actuated with legal malafides. According to him, the land of the petitioner and similarly situate persons have been used for the purpose of setting up Sewerage Treatment Plant and also for providing access to the same. According to him, pipes etc. have been laid down on the land of the petitioner.

(3.) I have heard the learned counsel for the parties and gone through the record carefully.