Punjab-Haryana High Court
The Seth Mukand Lal Coop.House Building vs State Of Haryana And Others on 4 August, 2008
Author: Rajive Bhalla
Bench: Rajive Bhalla
C.W.P.No.6065 of 1983 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P.No.6065 of 1983
Date of Decision: 4.8.2008
The Seth Mukand Lal Coop.House Building
Society Ltd. Yamuna Nagar .....Petitioner
Vs.
State of Haryana and others ....Respondents
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
****
Present : Mr. Hemant Sarin, Advocate for the petitioner.
Mr.Ajay Chaudhary, DAG, Haryana.
....
RAJIVE BHALLA, J (Oral)
This order shall dispose of CWP Nos.5992, 6065, 6066 of 1983, 1044 and 6 of of 1984, as they involve common questions of law and fact and arise from the same notifications issued under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as `the Act').
The petitioners herein, pray for the issuance of a writ in the nature of Certiorari for quashing the notifications issued under Section 4 and 6 of the Act dated 4.12.1980 and 17.8.1983 respectively. Counsel for the petitioners submits that with respect to land acquired qua other land owners, the impugned notifications have been quashed in CWP No.1031 of 1984 Sarbha Nand Chela Swami Nitya Nand and others V. State of Haryana and others decided on 19.3.2008. It is submitted that the controversy involved in the present writ petitions is identical to and squarely covered by the ratio of the judgement in the aforementioned writ C.W.P.No.6065 of 1983 2 petition.
Counsel for the State of Haryana, is unable to advance any argument, to distinguish the judgement in CWP No.1031 of 1984 Sarbha Nand Chela Swami Nitya Nand and others (supra) from its applicability to the facts and circumstances of the present case.
In view of what has been stated herein above and as the notifications impugned herein have already been quashed in the aforementioned writ petition, the present writ petitions are allowed and are disposed of in terms of the judgement in CWP No.1031 of 1984 Sarbha Nand Chela Swami Nitya Nand and others (supra) decided on 19.3.2008. No costs.
4.8.2008 (RAJIVE BHALLA) GS JUDGE