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Punjab-Haryana High Court

Ajs Builders Private Limited vs State Of Haryana And Others on 31 October, 2023

            133                                                      2023:PHHC: 139227

                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH

                                                                         CR-6450-2023
                                                     Date of Decision: October 31, 2023

            AJS BUILDERS PRIVATE LIMITED                                   .......Petitioners
                                  Versus
            STATE OF HARYANA AND OTHERS                                 ........ Respondents


            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:           Mr. Karan Bhardwaj, Advocate for the petitioners.
                                                    ****

            HARKESH MANUJA, J. (ORAL)

By way of present revision petition, limited prayer has been made on behalf of the petitioners-landowners seeking issuance of direction to the Court below to dispose of LAC-436-2015 titled as "AJS Builders Private Limited Vs. State of Haryana and Others".

2. In the present case, certain land owned by petitioners, situated within revenue estate of Village Gari Keshri, Tehsil Ganaur, District Sonepat came to be acquired vide notifications dated 02.05.2007 and 30.04.2008 issued under Sections 4 and 6 of Land Acquisition Act, 1894 (hereinafter referred to as 1894 Act) followed by award dated 28.01.2010.

3. Being dissatisfied, the petitioners invoked Section 18 of 1894 Act seeking enhancement of compensation, the same was forwarded to the Reference Court by the Land Acquisition Collector vide LAC-436-2015 wherein, issues were framed on 06.10.2016. The limited grievance raised by petitioners is that for the past almost 8 years, TEJWINDER SINGH 2023.11.04 13:29 I attest to the accuracy and integrity of this document 2023:PHHC: 139227 CR-6450-2023 -2- reference petition has not been disposed of thereby, causing serious prejudice to their rights as regards determination/enhancement of compensation in exercise of his statutory rights under Section 18 of 1894 Act.

4. Notice of motion.

5. Ms. Vibha Tewari, AAG, Haryana accepts notice on behalf of respondent-State.

6. I have heard learned counsel for the parties and gone through the paper-book.

7. Considering the fact that the execution proceedings in the present case commenced in 2007 and reference petition under Section 18 is pending since 2015 wherein, issues were framed on 06.10.2016 and yet the same has not been finally adjudicated upon so far, the Reference Court is requested to dispose of the aforementioned reference petition i.e. LAC-436-2015 within a period of one year from today.

8. Disposed of in the aforesaid terms.

9. Pending application(s), if any, shall also stand disposed of.




            31.10.2023                                       ( HARKESH MANUJA )
            tejwinder                                              JUDGE


                                    Whether speaking/reasoned        Yes/No
                                       Whether Reportable            Yes/No




TEJWINDER SINGH
2023.11.04 13:29
I attest to the accuracy and
integrity of this document