Land acquisition without notice without an opportunity of hearing
Dr Sangh Mittra
(Querist) 29 July 2012
This query is : Resolved
Sir/Madam,
I had purchased a residential Plot in Hill View Enclave, Village Naggal Sodian, Kalka Pinjore, Haryana in 1989 when I was a Squadron Leader in Indian Air Force. The Registeration documents, for which I deposited the fees with Revenue authorities showed the Plot as that of Hill View Enclave.
I had planned to settle down on this piece of Land only after my retirement as it was not possible to construct a house on the Plot as I have no one staying in the area nor I had the money to construct a house. But I had constructed a Boundary wall about six feet high and a small Lav on the Plot.
After my retirement from the services of the Deefnce and the Union of India in end September 2010 I visited the area after a long time and to my dismay learnt from those staying in the area, whose built/ partially built houses had been spared from acquisition that my plot along with some others had been acquired by the Haryana Urban Development Authority for the Public Purpose of development of the area for residential Sectors of Pinjore under the provisions of Land Acquisition Act 1894.
I was never served any Notice under Section, 4, 6, 9(4) and 45 of the Land Acquisition Act not even at my address as given in the Revenue Records of Sub Registrar Kalka. Since I was not in the know of the Notifications under Section 4 of the Land Acquisition Act 1894 I could not get an opportunity to file objections under Section 5A of the Act. I never came to know of even the declaration under Section 6 issued by the Haryana Government.
Since I had no definite official information that my residential plot had actually been acquired I commenced corresponding with the Offices of the Chief Secretary, Haryana, CM, Haryana, Governor, Haryana and received diary number acknowledgement from the CS, Haryana and I learnt that I should correspond with the Deputy Commissioner, Panchkula who is the Collector in Terms of the Land Acquisition Act 1894.
This Deputy Commissioner, seemingly a responsive officer kept writing to the Land Acquisition Officer, Panchkula- who would not reply even to her letters- the copies of which were sent to me by her.
Finally, I raised the level by sending the emails to the Prime Minister of India, President of India and to the Chairperson, NAC to help me. I got replies from them that my case has been taken up with Haryana Government.
The Deputy Commissioner finally wrote to the Land Acquisition Officer that he would be personally responsible if he did not answer in Report form as to why I was not served Notices under Section 4, 6, 9(4) and why I was denied an opportunity of hearing.
In his letter dated 05 June 2012 the LAO wrote to the Deputy Commissioner that my Plot formed part of the Acquired Land under Notifications under Section 4 (26.09.2007), under Section 6 (25.09.2008) , and Award under Section 11 was passed on 24.09.2010. That the Award money lies unclaimed. He furter stated in his letter that on the very day of the passing of the award the possession of my Plot was given to Haryana Development Authority .
Land Acquisition Officer, Urban Estate Panchkula gave no reply to the Deputy Commissioner , in his letter as to why there was no service of Notices under Section 9(4) and as to why the opportunity of hearing was denied to me when the fact of my being in the Air Force denoted by my rank and even my parental address , outside Haryana, was available with the Revenue records of Sub Registrar Kalka
The Deputy Commissioner forwarded the Letter of the Land Acquisition Officer to me terming it as Report vide her office letter dated 08 June 2012 and asked me correspond with the LAO, Panchkula in future.
I learnt that those who got the Notices, who were locally available or those who could read the Notifications published only in the Papers of Haryana went to the Punjab and Haryana High Court and some of them whose plots had constructions thereon were spared from acquisition. In one of the Judgments the Punjab and Haryana High Court termed the Hill View Enclave as a planned Colony and in some others the High Court did not interfere with the acquisition. Some Petitioners Lost lost and some went to the Supreme Court of India wth varying results , where the cases are still pending.
On this 19 April 2012 the Hon'ble Supreme Court observed in an SLP before it that whole Acquisition of the entire Land in Kalka- Pinjore Project deserved to be quashed but before passing any Order the Hon’ble Court wanted to hear all those in whose favour the Land had been released after Notifications. The Court directed that they all be made parties. Thus big builders who had got the Lands from Haryana Govt in the area and sold proposed plots and flats to many others were made parties.
These big builders hired senior Advocates and the last hearing were represented by Shri Soli Sorabjee who , as I read in the JUDIS, sought time to file a Fresh Affidavit as he was not satisfied with the Counter Affidavit filed by an Advocate hired prior to him. The matter stands adjourned for two weeks from 23 July 2012.
On my part I have been writing to the Deputy Commissioner Panchkula (Collector in Terms of the LA Act 1894), with copies to PM, CM , Cab Sec and Commissioner Ambala to kindly inform me as to why there was no service of Notices to me including under Section 9(4) and why was I denied an opportunity of hearing and why was the fact of myself being in the Services and not available in Haryana was ignored. Why even the Notice was not sent to my address as given in the Revenue Records requesting them for the restoration of my Plot to me.
My questions are
since I have been officially informed of the acquisition of my residentail Plot only in June 2012 do I have a cause of action?
Can I intervene in the Supreme Court of India in the ongoing SLP of someone else?
I donot have sufficient money at this stage of my life when I am 63 to pay the fees of an Advocate, Will any Advocate help me to file the case in Supreme Court of India, if I am eligible to file the case?
Could I have been deprived of my residential Plot of Land without being accorded an Opportunity of hearing?
Is the fact of I serving in the Defence Forces and in the Services of the Union of India and being away from Haryana where the local Newspapers would not reach of any relevance?
If those who could construct the houses on plots and theirs plot were spared from acquisition is there no clause or any rule that should help me that those who be in the Defence Services and in the Services of the Union of India and away from Haryana and unable to construct the houses on their plots due to exigencies of Services should also have been accorded consideration?
If authority ever wrote to me at my given address to make the house on the Plot and I was in the Services why should I be made to lose my only piece of Land where I had planned to settle only after my retirement?
Please guide me as to the Course of action. I have been forced to stay in a rented house and pay through my nose.
Please help.
Dr SM
prabhakar singh
(Expert) 29 July 2012
YOU HAVE A CAUSE OF ACTION SINCE YOU HAVE BEEN DENIED OF YOUR RIGHT TO BE HEARD BUT BETTER FILE WRIT IN HIGH COURT.SOME OF THE JUNIOR LAWYERS HERE MAY AGREE TO SERVE YOU FREE OF FEES ,ONE YOU MAY CONTACT IS MR.BHARAT CHUG LISTED AS AN EXPERT AND FEATURED MEMBER OF THIS FORUM PRACTICING IN SUPREME COURT.MANY HERE PRACTICE IN HARYANA HIGH COURT,ONE IS MR.KIRAN KUMAR,WHO IS FIRST FEATURED MEMBER ON THIS SITE.
Saurendra Rautray
(Expert) 24 May 2015
Hi,
Kindly contact me.
Regards
Saurendra Rautray
Rautray& Co
(New Delhi)
www.rautray.com
09437008255
