Punjab-Haryana High Court
Mukesh Kumar And Ors vs State Of Haryana And Anr on 18 August, 2015
Author: Hemant Gupta
Bench: Hemant Gupta
CWP No.26527 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.26527 of 2014 (O&M)
Date of decision: 18.08.2015.
Mukesh Kumar and others
.....Petitioners
versus
State of Haryana and another
.... Respondents
CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MRS. JUSTICE RAJ RAHUL GARG
Present: Mr. Aashish Chopra, Advocate for the petitioners.
Ms. Palika Monga, DAG, Haryana.
***
HEMANT GUPTA, J.
The petitioners, who are owners of land measuring 1 kanal 18 marla situated in village Medawas, Tehsil and District Gurgaon, invoked the writ jurisdiction of this Court aggrieved against the acquisition of the said land for the purpose of sector roads for Sector 58 to Sector 67, Gurgaon without acquisition of the land in accordance with law.
It is admitted that the said land was subsequently made part of notification dated 2.6.2009 issued under Section 4 of the Land Acquisition Act, 1894 and followed by declaration dated 31.05.2010 under Section 6 of the Act. Thereafter, the award was announced, but land of the petitioners has not still made part of the award.
Learned counsel for the respondents states that on account of the mistake, the said land was not included in the award No.14, for the year 2012-13. She further states that the State shall pay the compensation to the petitioners in MANOJ KUMARterms of The Right to Fair Compensation and Transparency in Land Acquisition, 2015.08.24 14:12 I attest to the accuracy and authenticity of this document CWP No.26527 of 2014 -2- Rehabilitation and Resettlement Act, 2013 (for short 'the Act').
Learned counsel for the petitioners accepted the said proposal in view of the larger public interest involved, but subject to the condition that the petitioners should be rehabilitated in terms of the provision of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In view of the said fact, the present writ petition is disposed of with a direction to the respondents to pay compensation of the land measuring 1 kanal 18 marla to the petitioners as under the Act within two months and also rehabilitate the petitioners in terms of provision of the said Act in accordance with law.
(HEMANT GUPTA)
JUDGE
18.08.2015 (RAJ RAHUL GARG)
Manoj Bhutani JUDGE
MANOJ KUMAR
2015.08.24 14:12
I attest to the accuracy and
authenticity of this document