Punjab-Haryana High Court
Man Singh And Others vs State Of Haryana And Others on 20 December, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:172142-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-3287-2021(O&M)
Reserved on : 07.11.2024
Pronounced on: 20.12.2024
ManSingh and others
......Petitioner(s)
Versus
State of Haryana and others
......Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
HON'BLE MS.JUSTICEHARPREET KAUR JEEWAN
Present: Mr. Sandeep Sharma, Advocate for the petitioner(s)
Mr. Ankur Mittal, Addl. A.G., Haryana,
with Mr. Saurabh Mago, DAG, Haryana,
and Mr. Karan Jindal, AAG Haryana.
Mr. Ankur Mittal, Advocate with
Ms. Kushaldeep Kaur, Mr. Siddhant Arora
and Ms. Naina Jindal, Advocates,
for HUDA/HSVP.
*****
G.S. Sandhawalia, J.
1. The present writ petition has been rendered infructuous, in view of the detailed judgment of even date passed in CWP No.11498 of 2019 'State of Haryana and another Vs. Nishabar Singh and others', whereby vires of Section 101-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been struck down and the Policy dated 14.09.2018 is quashed.
2. However, no direction can be issued in favour of the petitioners, as they had not challenged acquisition proceedings on merits, which apparently had been initiated on 10.01.1983 under Section 4 of the Land Acquisition Act, 1894 and the subsequent notification issued under Section 6 dated 07.12.1983 and the Award was passed on 21.09.1986 qua the land which 1 of 2 ::: Downloaded on - 28-12-2024 05:21:14 ::: Neutral Citation No:=2024:PHHC:172142-DB CWP-3287-2021 (O&M) -2- was acquired for the development of residential and commercial Sector -31 and 32-A in Gurugram. Therefore, no adjudication can be done on the present writ petition, which has been filed in the year 2021, which was got tagged with the main case. It has also been mentioned that earlier CWP No.2984 of 2016 had also been filed on the ground of lapsing, which was dismissed on 03.02.2022, in view of the judgment of the Constitution Bench passed in Indore Development Authority Vs. Manoharlal and others, AIR 2020 SC 1496. Therefore, second petition on the same cause of action would not lie.
3. The petition is, accordingly, disposed of.
(G.S. SANDHAWALIA) JUDGE (HARPREET KAUR JEEWAN) 20.12.2024 JUDGE Naveen Whether speaking/reasoned : Yes Whether Reportable : No 2 of 2 ::: Downloaded on - 28-12-2024 05:21:14 :::