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[Cites 4, Cited by 124]

Punjab-Haryana High Court

M/S Daulatram-Dharambir Auto Pvt vs State Of Haryana And Ors on 5 September, 2014

Bench: Ashutosh Mohunta, Harinder Singh Sidhu

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                       CHANDIGARH

                                                                               CWP-18370-2014
                                                                    Date of decision:- 05.09.2014


                               M/s Daulatram-Dharambir Auto Pvt. Ltd.
                                                                                      ...Petitioner
                                                     Versus

                               State of Haryana and others
                                                                                   ...Respondents
            CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE
                   HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

            Present: Mr. Tushar Sharma, Advocate,
                     for the petitioner.
                                      ****
            ASHUTOSH MOHUNTA, A.C.J. (ORAL)

The land of the petitioner was acquired vide notifications dated 07.02.2008 (Annexure P1) and 06.02.2009 (Annexure P2) respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The land was situated in village Fajjupur Majra Neemka, Tehsil and District Faridabad and the same was acquired for public purpose, namely, for development and utilization as residential and commercial Sectors 76, 77 and 78, Faridabad.

Learned counsel for the petitioner submits that the award was passed on 04.02.2011. Thereafter, the petitioner did not file any application under Section 18 of the Act for referring its matter to the District Judge.

Now the petitioner has filed an application under Section 28-A of the Act before the Land Acquisition Collector on 28.03.2014, wherein it has been prayed that it be given the same compensation as has been given to the other persons in the reference.

Learned counsel for the petitioner further submits that against the award of the reference Court, no appeal is pending. AMODH SHARMA 2014.09.08 14:57 I attest to the accuracy and integrity of this document chandigarh CWP-18370-2014 2

As the petitioner has filed the application under Section 28-A of the Act, therefore, we direct the Land Acquisition Collector to consider the application filed by the petitioner and decide the same in accordance with law expeditiously preferably within six months from the date of receipt of copy of this order.

(ASHUTOSH MOHUNTA) ACTING CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 05.09.2014 Amodh AMODH SHARMA 2014.09.08 14:57 I attest to the accuracy and integrity of this document chandigarh