Punjab-Haryana High Court
Jiya Lal & Ors vs State Of Haryana & Ors on 21 August, 2013
Bench: Surya Kant, Surinder Gupta
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CWP No.5254 of 2013 (O&M)
Date of Decision: 21.08.2013
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Jiya Lal & Ors. . . . . Petitioners
VS.
State of Haryana & Ors. . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE
MR.JUSTICE SURYA KANT
HON'BLE MR.JUSTICE SURINDER GUPTA
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Present: Mr. Sanjiv Gupta, Advocate for the petitioner
Ms. Palika Monga, DAG Haryana
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SURYA KANT J. (ORAL)
(1). Notice of motion. Ms. Palika Monga, learned DAG Haryana accepts notice on behalf of State of Haryana. Let two copies of the writ petition be handed over to the State counsel during the course of day.
(2). This case is also a part of the bunch of cases challenging the acquisition of land for development of residential and commercial Sector 9, 32-Part, 33-Part in Karnal, made vide notifications dated 02.01.2002 & 24.12.2002 issued under Sections 4&6 of the Land Acquisition Act, 1894 (in short, 'the Act'), respectively. All the common contentions raised on behalf of the petitioners have been briefly dealt with vide a separate order of even date passed in CWP No.16361 of 2013 (Suresh Kumar & Anr.vs. State of Haryana & Ors.).
Vishal V 2013.09.04 11:25 I attest to the accuracy and integrity of this document CWP No.5254 of 2013 -2- (3). In addition, the petitioners are aggrieved by the notifications dated 02.01.2002 & 24.12.2002 issued under Sections 4&6 of the Land Acquisition Act, 1894 (in short, 'the Act'), respectively and the order dated 03/07.08.2012 whereby their small sized dwelling units have not been released from acquisition.
(4). The petitioners have not placed any photographs or proof of ownership of their land/houses in absence of which we are unable to form any definite opinion.
(5). Having heard learned counsel for the parties and in the light of the averments made, the writ petition is disposed of with a direction to the respondents to conduct fresh survey after notice to the petitioners and if it is found that they have constructed the dwelling units, let the same be released along with reasonable open space in accordance with the Government policies.
(6). Appropriate order in this regard shall be passed within a period of three months from the date of receipt of a certified copy of this order.
(7). Ordered accordingly. Dasti.
(Surya Kant)
Kant)
Judge
21.08
21.08.
.08.2013 (Surinder Gupta)
Gupta)
vishal shonkar
Judge
Vishal V
2013.09.04 11:25
I attest to the accuracy and
integrity of this document