Punjab-Haryana High Court
Rampal And Ors vs State Of Haryana And Ors on 19 March, 2019
IOIN-CWP-23541-2016 -1- 206
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
IOIN-CWP-23541-2016 Rampal & Ors.
Versus
State of Haryana & Ors.
****
Present: None for the petitioners Ms. Vibha Tewari, AAG Haryana Mr. Pritam Saini, Advocate for respondent No.3 **** The main case already stood disposed of as having become infructuous on 12.12.2017. The case was kept pending for status of Section 28A applications before the authorities. As per the order dated 13.12.2018, the latest status report dated 19.03.2019 has been filed by Sh. Mukesh Kumar Ahuja, Director, Urban Estate, Haryana Panchkula. The pendency zone wise has been given as under:-
"(i) Faridabad Zone:- In Faridabad Zone, there are three districts namely Faridabad, Palwal and Nuh. In this zone, no application is pending under Section 28-A of the Act.
(ii) Gurugram Zone:- In Gurugram Zone, there are three districts namely Gurugram, Rewari and Mahendergarh. In this zone, 13 applications are pending under Section 28-A of the Act. One application has been filed by Sh. Malkhan Singh on 18.12.2018. A notice for hearing the land owners in all the 13 cases has been issued by LAO, Gurugram for 09.04.2019. A detailed list in tabular form showing the information of Gurugram Zone is enclosed as Annexure R-1.
(iii) Hisar Zone:- In Hisar Zone, there are six districts namely, Hisar, Sirsa, Fatehabad, Jind, Bhiwani and Charkhidadri. In this zone, 42 applications are pending under Section 28-A of the Act. 39 applications are pending due to pendency of appeal before the Hon'ble High Court and 1 application is pending due to appeal 1 of 3 ::: Downloaded on - 28-04-2019 14:40:30 ::: IOIN-CWP-23541-2016 -2- 206 before the Hon'ble Supreme Court. In remaining 2 cases, a notice for hearing the land owners has been issued by LAO, Hisar for 02.04.2019. A detailed list in tabular form showing the information of Hisar Zone is enclosed as Annexure R-2.
(iv) Panchkula Zone:- In Panchkula Zone, there are six districts namely, Panchkula, Ambala, Yamunanagar, Kaithal, Kurukshetra and Karnal. In this zone, 94 applications are pending under Section 28-A of the Act. 88 applications are pending due to pendency of appeal before the Hon'ble High Court and 6 applications are pending due to pendency of appeal before the Hon'ble Supreme Court. A detailed list in tabular form showing the information of these applications is enclosed as Annexure R-3.
It is pertinent to mention that the 39 applications which were noticed by this Hon'ble Court in the order dated 13.12.2018 to be pendency for a date of hearing have been decided by the Land Acquisition Collector, Panchkula.
(v) Rohtak Zone:- In Rohtak Zone, there are four districts namely Rohtak, Jhajjar, Sonepat and Panipat. In this zone, 12 applications are pending under Section 28-A of the Act, as the State has filed appeal before this Hon'ble Court. A detailed list in tabular form showing the information of these applications is enclosed as Annexure R-4.
Further, the status/reasons of pendency viz-a-viz number of applications are also given below in the table:-
LAC Zone Total Pendency due Pendency due Date of applications to filing of to filing of hearing fixed pending u/s RFAs SLPs by LAC (DoH) 28-A Faridabad 0 0 0 0 Gurugram 13 0 0 13 (09.04.2019) Hisar 42 39 1 2 (02.04.2019) Panchkula 94 88 6 0 Rohtak 12 12 0 0 G.Total-5 161 139 7 15"
2 of 3 ::: Downloaded on - 28-04-2019 14:40:30 ::: IOIN-CWP-23541-2016 -3- 206 Keeping in view the above explanation given that the pendency is also on account of the appeals which are pending before the superior courts, no further orders are called for. It is expected that the concerned authorities shall keep in mind the interest of the landowners and the fact that the State also has to pay heavy interest as per the provisions of 1894 Act, and decide the application at the earliest after the decision of the appeals. Accordingly, no further orders are called for.
IOIN stands disposed of.
19.03.2019 (G.S. Sandhawalia) Vvishal Judge 3 of 3 ::: Downloaded on - 28-04-2019 14:40:30 :::