Punjab-Haryana High Court
Prem Lata & Anr vs State Of Haryana & Anr on 12 December, 2014
Bench: Satish Kumar Mittal, Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 25506 of 2014
DATE OF DECISION : 12.12.2014
Smt. Prem Lata and another
.... PETITIONERS
Versus
State of Haryana and another
.... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE DEEPAK SIBAL
Present : Mr. Sanjay Vij, Advocate,
the petitioners.
***
SATISH KUMAR MITTAL, J. ( Oral ) The petitioners, whose land was acquired for a public purpose vide award dated 12.12.1991, have filed this petition seeking direction to the respondents to release their land. It is the case of the petitioners that they have not been paid the compensation of the acquired land, nor possession of the same has been taken by the authorities, therefore, they are entitled to get the land released under Section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as `the Act').
Notice of motion.
On our asking, Shri Ravi Dutt Sharma, Deputy Advocate General, Haryana, who is present in court, accepts notice on behalf of the DASS NAROTAM 2014.12.16 12:30 I attest to the accuracy and authenticity of this document CWP No. 25506 of 2014 -2- respondents.
After hearing learned counsel for the parties, keeping in view the fact that the petitioners have raised disputed questions of facts with regard to their possession on the acquired land and non-payment of compensation to them, we dispose of this petition with liberty to the petitioners to submit a detailed representation to the Land Acquisition Collector, Gurgaon (respondent No.2 herein) in this regard. If any such representation is submitted by the petitioners, respondent No.2 is directed to consider and decide the same, within a reasonable time, after issuing notice to the HUDA, for whom the land was acquired, and after hearing the HUDA and the petitioners, by passing a speaking order. If the claim as set out by the petitioners with regard to their possession over the acquired land and non-payment of compensation to them is found to be correct, then respondent No.2 will send the case to the appropriate Government for taking action in the matter under Section 24 (2) of the Act.
( SATISH KUMAR MITTAL )
JUDGE
December 12, 2014 ( DEEPAK SIBAL )
ndj JUDGE
DASS NAROTAM
2014.12.16 12:30
I attest to the accuracy and
authenticity of this document