Punjab-Haryana High Court
Rajbir And Ors vs State Of Haryana And Ors 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-749-2021(O&M)
Reserved on : 07.11.2024
Pronounced on: 20.12.2024
Rajbir 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 is allowed, 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 further direction can be issued, as the land stands acquired vide notification dated 26.08.1997 issued under Section 4 of the Land Acquisition Act and vide notification dated 25.08.1998 issued under Section 6 1 of 2 ::: Downloaded on - 28-12-2024 05:21:50 ::: Neutral Citation No:=2024:PHHC:172142-DB CWP-749-2021 (O&M) -2- of the said Act. The Award was passed way back on 24.08.2000 and, therefore, release of land cannot be ordered, as the Section 101-A has been struck down. 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 05:21:51 :::