Rattan Singh vs State Of Haryana And Another on 18 August, 2009

             CWP No. 3501 of 2006                1


             In the High Court of Punjab and Haryana, Chandigarh.


                                           CWP No. 3501 of 2006


                                           Date of Decision: 18.08.2009


Rattan Singh
                                                 ....Petitioner
               Versus

State of Haryana and another
                                                 ....Respondents.


Coram:- Hon'ble Mr.Justice J.S. Khehar
        Hon'ble Mr. Justice S.D. Anand


Present: Mr. Rajbir Shehrawat, Advocate
         for the petitioner.

         Ms. Palika Monga, DAG, Haryana
         for the State.

                   ...

J.S. Khehar, J. (Oral).

It is not a matter of dispute, that the land which is subject

matter of challenge, was sought to be acquired by the State government with

the issuance of a notification under Section 4 of the Land Acquisition Act,

1894 (hereinafter referred to as the 1894 Act) on 27.11.2003. Despite the

objections filed under Section 5-A of the 1894 Act, the State government

issued a declaration on 24.11.2004, under Section 6 of the 1894 Act,

crystallizing its determination to acquire the land in question. The

petitioner purchased the land in question on 16.9.2005 i.e. well after the

issuance of the notification dated 24.11.2004, under Section 6 of the 1894

Act. In the aforesaid view of the matter, in view of the judgement rendered
CWP No. 3501 of 2006 2

by the Supreme Court in Star Wire (India) Ltd. Vs. State of Haryana and

others (1996) 11 SCC 698, it is not open to the petitioner to assail the

acquisition itself, although it may be open to the petitioner to seek

enhancement of compensation.

In view of the above, we find no merit in this petition and the

same is, accordingly, dismissed.

( J.S. Khehar )
Judge

( S.D. Anand )
Judge
18.08.2009
sk.