R.S. Sarkaria, J. - (1.) THE petitioner, which is having an industrial unit for manufacturing of Iron and Steel Forging and Automobile parts, was owning a land measuring 53 kanals 5 marlas in village Kundli, District Sonepat. The respondent -State of Haryana and others acquired the said land owned by the petitioner -company, but it is claimed that superstructure/buildings/trees etc. were not acquired by the respondents nor any compensation was paid for the same in favour of the petitioner. This plea is raised on the ground that award of the Land Acquisition Collector is silent on these aspects. The petitioner -company is alleged to have applied for conversion of land use through their letter dated 7.7.1997. Still, the Land Acquisition Collector, Sonepat has issued notice on 21.7.2004 intimating that land measuring 28 kanals 7 marlas as well as the tubewell and kotha had been acquired vide award dated 15.12.1998 and sum of Rs. 24,57,525,25/ - stands awarded in favour of the petitioner -company. Still, it is claimed that no compensation was paid for superstructure. The suit was accordingly filed where the prayer for injunction was made seeking to restrain the respondents from dispossessing the petitioner from the superstructure and from interfering in its peaceful possession.
(2.) ON notice being issued, the respondents contested the plea raised by the petitioner. It is pointed out that the petitioner is guilty of concealing material facts from the court. It is pointed out that they had earlier filed a writ petition in the High Court which was dismissed. The Special Leave Petition against the same was also dismissed. In this background, it is pleaded the civil court has no jurisdiction to go into legality and illegality of the award passed by the Land acquisition Collector. It is also pointed out that the petitioner had received a huge sum as compensation. The facts in this case would show that 33 killas of land situated in village Kundli was acquired and notice under Section 4 of the Land Acquisition Act was issued on 5.8.1997. This was followed by a notice under Section 6 of the Act on 31.7.1998 and the award was announced by the Collector on 15.12.1998. It is then pointed out that supplementary award of superstructure was announced on 28.4.1999. It is thereafter that the petitioner had preferred a civil writ petition before this Court for release of their acquired land and for possession of the land measuring 29 kanals 7 marlas having not been handed over to H.S.I.D.C. The High Court had constituted a sub -committee to examine this aspect. The sub -committee did not recommend the release of the land of the petitioner which he again challenged by filing Writ Petition No. 10122 of 2002, which was dismissed on 28.8.2002. Against this, the petitioner filed a petition before the Hon'ble Supreme Court, which was also dismissed.
(3.) THE question then would be whether the petitioner can file a suit as he has done now in this background?. In my view, this is only to delay the inevitable. Just to show the conduct of the petitioner to mislead the court, it can be noticed that Halqa Patwari had reported existence of tubewell kotha in the suit land and sum of Rs. 26,785/ - was paid in this regard and sum of Rs. 1,220/ - towards the costs of the trees. It is also noticed by the court that if any superstructure is existing over the suit land, the same was raised after publication of notification under Section 4 of the Act.;