Supreme Court - Daily Orders
M/S Model Economic Tewnship Ltd. vs Land Acquisition Collector on 10 January, 2019
Bench: Uday Umesh Lalit, Hemant Gupta
1
ITEM NO.301 COURT NO.9 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.618/2018
(Arising out of impugned final judgment and order dated 10-10-2017
in CWP No.23688/2016 passed by the High Court Of Punjab & Haryana
At Chandigarh)
M/s. MODEL ECONOMIC TOWNSHIP LTD. Petitioner(s)
VERSUS
LAND ACQUISITION COLLECTOR,
URBAN ESTATES DEPARTMENT, GURGAON Respondent(s)
Date : 10-01-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE HEMANT GUPTA
For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv.
Mr. Narendra Hooda, Sr. Adv.
Mr. Devashish Bharuka, AOR
Ms. Sarvshree, Adv.
Mr. Ravi Bharuka, Adv.
Mr. Justine George, Adv.
Mr. Rishi Raj Sharma, Adv.
For Respondent(s) Mr. Alok Sangwan, AAG Haryana
Dr. Monika Gusain, AOR
Mr. Sunny Kadiyan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard in part.
While presenting the case, Mr. Ranjit Kumar, learned senior Signature Not Verified counsel invited our attention to the order dated 06.03.2014 passed Digitally signed by MUKESH KUMAR Date: 2019.01.12 12:03:50 IST Reason: by the Land Acquisition Collector, Urban Estates, Gurgaon, in connection with application under Section 28-A of the Land 2 Acquisition Act, 1894 moved by the present petitioner. During the course of its order, the Land Acquisition Collector made the following observations:
“Comments of the concerned appeal branch were taken wherein it has been reported that the land in dispute was acquired vide award No.64 dt.21.12.2009 and the petitioners received the amount of compensation as per their share of land under this award as awarded by the Land Acquisition Collector vide award No.64 dt.21.12.2009. It is also reported in the said office record that the rate of Rs.41,81,500/- per acre given by the Ld. Addl. Distt. Judge, Gurgaon has become final up to the Hon’ble Supreme Court and legal remembrance department Haryana has already issued his opinion. These cases are not fit cases for filing RFA on behalf of the department. It is also categorically reported by the concerned officials that the petitioners did not file reference petition u/s 18 of the Act.” The aforesaid observations denote that according to the office record the matter had attained finality based on which premise the Collector went on to consider the application under Section 28-A of the Land Acquisition Act. This Court would like to see the record in question.
The Land Acquisition Collector, Urban Estates, Gurgaon is, therefore, directed to transmit the record, which was relied upon in the aforesaid order, to this Court within a week of the receipt of this order. We also direct the learned counsel for the State to produce the copies of the relevant documents.
A copy of this order shall immediately be sent to the office of the Land Acquisition Collector, Urban Estates, Gurgaon.3
List the matter on 01.02.2019 at 1400 Hours as Part-Heard.
(MUKESH KUMAR) (SUMAN JAIN) COURT MASTER BRANCH OFFICER