Punjab-Haryana High Court
Ram Kishan And Another vs State Of Haryana And Others on 1 July, 2008
Author: Sabina
Bench: Sabina
In the High Court of Punjab and Haryana at Chandigarh
C.W.P.No.2864 of 2008
Date of Decision:01-07-2008
Ram Kishan and another
---Petitioners
vs.
State of Haryana and others
---Respondents
Coram: HON'BLE MR. JUSTICE M.M.KUMAR
HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.A.Yadav, Advocate,
Mr. Atul Yadav, Advocate,
Mr.Sanjay Mittal, Advocate,
for the petitioner(s)
Mr.H.S.Hooda, Advocate General, Haryana with
Mr. Ashish Kapoor, Addl. A.G.Haryana
Mr. Kamal Sehgal, Advocate
for H.S.I.D.C.
M.M.KUMAR, J.
This order shall disposed of Civil Writ Petitions as detailed in the foot note.
2. The acquisition proceedings which are subject matter of challenge in the instant petitions were initiated by issuing notification dated 14.12.2006 (Annexure P-6)under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act') and declaration dated 18.1.2008 (Annexure P-8) issued under Section 6 of the Act.
3. Mr. H.S.Hooda, Learned Advocate General, Haryana has placed on record a communication dated 14.5.2008 received from the Director of Industries and Commerce, Haryana and has stated that the notification dated 18.1.2008 issued under Section 6 of the Act has lapsed C.W.P.No.2864 of 2008 -2- as it was issued after a period of more than one year from the date of publication of notification under Section 4 of the Act. Therefore, the writ petitions to that extent deserve to succeed. Mr. H.S.Hooda, Learned Advocate General, Haryana has further stated that fresh notification under Section 4 of the Act has now been issued which may be challenged by the aggrieved persons in accordance with law.
4. Mr. R.A.Yadav, Mr. Atul Yadav and Mr. Sanjay Mittal, learned counsel for the petitioners have submitted that in addition to challenge to acquisition proceedings, the petitioners have also made claims for other reliefs.
5. In view of the above, this petition has been rendered infructuous because notification under Section 6 of the Act has lapsed having been issued after a period of more than one year whereas any other relief claimed by the petitioners shall not cause any prejudice to them when they decide to challenge the fresh notification by filing any other petition. Accordingly the writ petitions stand disposed of.
6. A photocopy of this order be placed on the file of each connected case.
(M.M.KUMAR) JUDGE (SABINA) JUDGE July 01, 2008 paramjit
1. C.W.P.No. 2864 of 2008 ( Ram Kishan and another vs. State of Haryana and others). 2 C.W.P.No. 4160 of 2008 ( Krishan Murari vs. State of Haryana and others).
3. C.W.P.No. 4161 of 2008 ( Rajinder Kumar vs. State of Haryana and others). C.W.P.No.2864 of 2008 -3-
4. C.W.P.No. 4162 of 2008 ( Ram Kishan and others vs. State of Haryana and others).
5. C.W.P.No. 4163 of 2008 ( Krishan vs. State of Haryana and others).
6. C.W.P.No. 4164 of 2008 ( Narinder and others vs. State of Haryana and others).
7. C.W.P.No. 4165 of 2008 ( Tek Chand vs. State of Haryana and others).
8. C.W.P.No. 4166 of 2008 ( Hari Ram vs. State of Haryana and others).
9. C.W.P.No. 4167 of 2008 ( Chhatter Pal and another vs. State of Haryana and others).
10. C.W.P.No. 4168 of 2008 ( Attar Singh vs. State of Haryana and others).
11. C.W.P.No. 4169 of 2008 ( Parkasho Devi and others vs. State of Haryana and others).
12. C.W.P.No. 4170 of 2008 ( Prabhu Dayal vs. State of Haryana and others).
13. C.W.P.No. 4171 of 2008 ( Om Wati vs. State of Haryana and others).
14. C.W.P.No. 4172 of 2008 ( Ram Jiwan vs. State of Haryana and others).
15. C.W.P.No. 4965 of 2008 ( Vikram Pal vs. State of Haryana and others).
16. C.W.P.No. 5140 of 2008 ( Ramdhan and others vs. State of Haryana and others).
17. C.W.P.No. 5408 of 2008 ( Omkar Singh vs. State of Haryana and others).
18. C.W.P.No. 5506 of 2008 ( Dharamvir Singh and others vs. State of Haryana and others).
19. C.W.P.No.5598 of 2008 ( Banwari Lal and others vs. State of Haryana and others).
20. C.W.P.No. 7355 of 2008 ( Sultan Singh and others vs. State of Haryana and others).
21. C.W.P.No. 7357 of 2008 ( Santosh Devi vs. State of Haryana and others).
22. C.W.P.No. 7364 of 2008 ( Jagdish and others vs. State of Haryana and others).
23. C.W.P.No. 7369 of 2008 ( Krishan Devi vs. State of Haryana and others).
24. C.W.P.No. 7370 of 2008 ( Satbir and others vs. State of Haryana and others).
25. C.W.P.No. 7371 of 2008 ( Ram Narain and others vs. State of Haryana and others).
26. C.W.P.No. 7372 of 2008 ( Satish Kumar vs. State of Haryana and others).
27. C.W.P.No. 7373 of 2008 ( Sita Ram and others State of Haryana and others).
28. C.W.P.No. 7376 of 2008 ( Sarjit vs. State of Haryana and others).
29. C.W.P.No. 7424 of 2008 ( Bohru vs. State of Haryana and others).