SMT. MURTI DEVI AND ORS. Vs. THE STATE OF HARYANA
LAWS(P&H)-2008-3-183
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 10,2008

Smt. Murti Devi And Ors. Appellant
VERSUS
The State Of Haryana Respondents

JUDGEMENT

M.M. Kumar, J. - (1.) THIS petition is directed against the acquisition proceedings initiated for issuance of notification under Section 4 on 24.8.2000 (P.1) and declaration issued under Section 6 on 22.8.2001 (P.5) of the Land Acquisition Act, 1894 (for brevity 'the Act'), which culminated in the announcement of award 25.7.2003. As has been disclosed in para 4 of the written statement, it is conceded position that all necessary steps in the form of consideration of objections filed under Section 5A of the Act, announcement of award and deposit of the compensation with the Land Acquisition Collector, have been taken. There is no procedural or substantive violation of any of the provisions under the Act. It is also admitted that the instant petition has been filed on 3.12.2004, whereas the award was announced on 21.7.2003. It is, thus, obvious that the writ petition has been filed more than one year of the announcement of the award.
(2.) THE grievance of the petitioners is that after the announcement of award, no notice to the petitioners, in terms of Section 12(2) of the Act has been given, intimating them that the compensation amount has been deposited with the Collector. According to him an intimation is required to be given to the land owners, who were not present at the time of announcement of award and that such an intimation was mandatory in law. It is claimed that the petitioner was not present at that time. Having heard learned Counsel at some length, we are of the considered view that there is no merit in this petition. Firstly, the petitioner has filed this petition after one year of the announcement of the award. It is itself a circumstance warranting dismissal of the petition as no petition after pronouncement of award is maintainable as has been held by Hon'ble the Supreme Court in Star Wire (India) Ltd v. : (1996)11SCC698 ; Municipal Council Ahmednagar v. : AIR2000SC671 and C. Padma v. : (1997)2SCC627 and M/s Swaika Properties Pvt. Ltd. v. : AIR2008SC1494 .
(3.) MOREOVER , all the necessary steps leading to the announcement of award and vesting of land in the State have been taken. The awarded amount has already been deposited with the Collector.;


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