Punjab-Haryana High Court
Civil Writ Petition No.11021 Of vs State Of Haryana And Others on 7 July, 2011
Bench: Jasbir Singh, Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. Civil Writ Petition No.11021 of
2011
Date of decision: 07.07.2011
Nafe Singh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
2. Civil Writ Petition No.11022 of
2011
Roop Chand and others
.....Petitioners
versus
State of Haryana and others
......Respondents
3. Civil Writ Petition No.11023 of
2011
Puna Ram and others
.....Petitioners
versus
State of Haryana and others
......Respondents
4. Civil Writ Petition No.11024 of
2011
Mange Ram and others
.....Petitioners
versus
State of Haryana and others
......Respondents
5. Civil Writ Petition No.11025 of
2011
Bir Singh and others
.....Petitioners
versus
Civil Writ Petition No.11021 of 2011 2
State of Haryana and others
......Respondents
6. Civil Writ Petition No.11026 of
2011
Anand Singh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
7. Civil Writ Petition No.11027 of
2011
Ranbir and others
.....Petitioners
versus
State of Haryana and others
......Respondents
8. Civil Writ Petition No.11028 of
2011
Dhara and others
.....Petitioners
Versus
State of Haryana and others
......Respondents
9. Civil Writ Petition No.11029 of
2011
Raghubir and others
.....Petitioners
versus
State of Haryana and others
......Respondents
10. Civil Writ Petition No.11030 of
2011
Suresh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
Civil Writ Petition No.11021 of 2011 3
11. Civil Writ Petition No.11311 of
2011
Ran Singh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
12. Civil Writ Petition No.11312 of 2011
Zile Singh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
13. Civil Writ Petition No.11313 of 2011
Mukesh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
14. Civil Writ Petition No.11314 of 2011
Raghbir and others
.....Petitioners
versus
State of Haryana and others
......Respondents
15. Civil Writ Petition No.11315 of 2011
Jai Singh and others
.....Petitioners
versus
State of Haryana and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mr.Justice Augustine George Masih
Present: Mr.J.K.Sibal, Senior Advocate with
Mr.Sanjay Vij, Advocate for the petitioners
Mr.Kamal Sehgal, Addl.A.G. Haryana
Civil Writ Petition No.11021 of 2011 4
Jasbir Singh, J. (Oral)
This order will dispose of 15 writ petitions bearing Nos.11021 to 11030 and 11311 to 11315 all of 2011, involving similar question of law and facts. For facility of reference, facts are being mentioned from CWP No.11021 of 2011.
By filing this writ petition, a prayer has been made to quash an order dated 1.6.2010 (P7), passed by the High Powered Committee appointed under orders passed by this Court, in a bunch of matters (main order was passed in CWP No.10845 of 2004 on 16.7.2005). High Powered Committee was directed to hear the land owners and then take a decision as to whether their land is needed for acquisition or not. Further challenge has been made to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act), ordering acquisition of land owned by the petitioners. At this stage, it is not necessary to look into the validity of those notifications.
It is case of the petitioners that they appeared before the High Powered Committee in the year 2006. Thereafter, members of the High Powered Committee were also changed, no order was passed and ultimately, impugned order was passed on 1.6.2010. It is further case of the petitioners that virtually there is non-compliance with the principles of natural justice. The officers who have passed the order now, never heard the petitioners. Taking note of the same, on 4.7.2011, we directed Mr.Kamal Sehgal, Addl.A.G. Haryana to get instructions as to whether it is possible to hear the petitioners afresh in terms of the judgment passed on 16.7.2005.
Today, in Court, Mr.Sehgal has put on record a copy of the letter dated 7.7.2011, issued by the Additional Director, Urban Estates Civil Writ Petition No.11021 of 2011 5 Department, Haryana, Panchkula to the office of Advocate General, Haryana, wherein it is stated that the High Powered Committee will hear the petitioners afresh.
Under the circumstances, there is no necessity to pass any order on merits. The order dated 1.6.2010 deemed to have been recalled. Petitioners are directed to appear before the High Powered Committee at Mini Secretariat, Sector 17, Chandigarh on 25.7.2011 at 11.30 AM. The High Powered Committee shall then pass an order without being influenced by anything said by this Court and in terms of an order passed by this Court in CWP No.10845 of 2004 on 16.7.2005.
The writ petitions stand disposed of.
A copy of this order be placed on the files of connected cases.
(Jasbir Singh)
Judge
07.07.2011 (Augustine George Masih)
gk Judge