Punjab-Haryana High Court
Laxmi Narayan And Ors vs State Of Haryana And Ors 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-26227-2019(O&M)
Reserved on : 07.11.2024
Pronounced on: 20.12.2024
Laxmi Narayan 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. Shailendra Jain, Senior Advocate with
Ms. Richa Sharma, Advocate for the petitioners.
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 is for de-notification of the land under Section 101A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which stands struck down, in 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, no relief can be granted as such to the petitioners, as the acquisition was done way-back on 13.11.1981 vide notification issued under Section 4 of the Land Acquisition Act, 1894 and Section 6 notification dated 24.01.1984, followed by the Award No.5 dated 15.06.1984 qua the land which was acquired for 1 of 2 ::: Downloaded on - 28-12-2024 05:19:09 ::: Neutral Citation No:=2024:PHHC:172142-DB CWP-26227-2019 (O&M) -2- public purpose for development and utilization of the same as residential- commercial area in Sector 21, 22, 23A, Gurugram. The RapatRoznamcha No.551 was entered on 15.06.1984 and the compensation was duly tendered.
2. It has also been averred in the written statement that the same is not lifted by the landowners qua their share to the tune of Rs.5,24,896.34, whereas the amount deposited was Rs.74,69,508.35. The earlier round of litigation vide which the acquisition has been struck down on the ground of lapsing in CWP No.3600 of 1985 'Sumarati Devi Vs. State of Haryana and others' decided on 20.05.2014, is stated to have been reversed by the Apex Court in SLP (C) No.10190-10200 of 2017 'State of Haryana Vs. Rekha Mathur and others' in Civil Appeal No.20982 of 2017 decided on 20.02.2018. The said averments have not been denied by filing any replication.
3. In such circumstances, no relief can be granted to the petitioners and the petition is disposed of, accordingly.
(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 05:19:10 :::