Punjab-Haryana High Court
Dharam Singh And Others vs State Of Haryana And Others 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-21650-2019(O&M)
Reserved on : 07.11.2024
Pronounced on: 20.12.2024
Dharam Singh 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 claim in the present writ petition is for releasing the land measuring 400 square yards, in view of the Policy dated 14.09.2018, on account of un-utilization. The said policy and the Section 101-A under which the policy was issued, has been struck down being ultra vires, 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' and, therefore, the claim cannot be entertained.
2. The land stands acquired vide notification 15.05.1997 issued under Section 4 of the Land Acquisition Act, 1894 and the notification dated 14.05.1998 issued under Section 6 of the said Act. The Award No.6 was passed on 13.05.2000 qua the land which was acquired for the public purpose 1 of 2 ::: Downloaded on - 28-12-2024 05:26:16 ::: Neutral Citation No:=2024:PHHC:172142-DB CWP-21650-2019 (O&M) -2- for development and utilization of land as residential, commercial and institutional area of Sector-51, Gurugram. The petition has been filed after 19 years and the possession was taken vide Rapat Roznamcha No.412 dated 13.05.2000 and the compensation already stands received, details of which have been mentioned in para no.6 of the written statement. The objection under Section 5 had been duly considered and land falling in Khasra No.10/2/2 (2 kanals 7 marlas) was released and the rest of the land was acquired. In the written statement it has been averred that this fact has been concealed and no replication has been filed to this aspect and, therefore, no relief can be granted to the petitioners.
3. 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 05:26:17 :::