Ashok Kumar And Ors vs State Of Haryana And Ors

Punjab-Haryana High Court

Ashok Kumar And Ors vs State Of Haryana And Ors on 10 May, 2024

Author: Sureshwar Thakur

Bench: Sureshwar Thakur

                                      Neutral Citation No:=2024:PHHC:065522-DB

CWP-18211-2016                                                             -1-




113            IN THE HIGH COURT OF PUNJAB & HARYANA
                        AT CHANDIGARH.

                                                  CWP-18211-2016
                                                  Date of Decision : 10.05.2024

ASHOK KUMAR AND ORS.                                                          .....Petitioners

                                          Versus

STATE OF HARYANA AND OTHERS                                               .....Respondents

CORAM:         HON'BLE MR. JUSTICE SURESHWAR THAKUR
               HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present :      Mr. Deepender Singh, Advocate
               for the petitioners.

               Mr. Ankur Mittal, Addl. A.G., Haryana with
               Mr. Saurabh Mago, DAG, Haryana.

               Mr. Ankur Mittal, Advocate with
               Ms. Kushaldeep K. Manchanda, Advocate and
               Ms. Saanvi Singla, Advocate
               Mr. Siddhanth Arora, Advocate
               for respondent - HSIIDC.

                                         ****

SURESHWAR THAKUR, J. (Oral)

1. The instant writ petition became remanded by the Hon'ble Supreme Court vide order dated 20.02.2024, upon, Civil Appeal No.2858-2862 of 2024. The operative part of the said order is extracted hereinafter.

"7. In view of the above and for the reasons stated above, all the civil appeals as per para 3 of this judgment, arising out of the impugned common judgments and orders passed by the High Court of Punjab and Haryana at Chandigarh in CWP No.4015/2006 and other allied writ petitions are allowed. The impugned judgment(s) and order(s) passed by the High Court declaring that the acquisition with respect to the lands in question is deemed to have lapsed under Section 24(2) of the Act, 2013 is/are hereby quashed and set aside. However, the matters are remitted back to the High Court to decide and dispose of the main writ petitions afresh in accordance with law and on their own merits on other issues except the applicability of Section 24(2) of the Act, 2013. We request the High 1 of 2 ::: Downloaded on - 14-05-2024 23:40:37 ::: Neutral Citation No:=2024:PHHC:065522-DB CWP-18211-2016 -2- Court to finally decide and dispose of the writ petitions on remand at the earliest and preferably within a period of nine months from the date of receipt of the present order. All contentions and defences which are available to the respective parties are kept open to be considered by the High Court in accordance with law and on their own merits (except the submission of applicability of Section 24(2) of the Act, 2013)."

In such view of the matter, the appeals are allowed. Accordingly, the impugned orders stand set aside and the matters are remitted to the High Court to be decided on the issues other than the one covering the field in Indore Development Authority (supra).

No costs."

2. After arguing for some time, the learned counsel for the petitioners seeks leave to withdraw the instant writ petition.

3. Leave granted.

4. Consequently, the extant writ petition is dismissed as withdrawn but with a direction to the respondent concerned, to most expeditiously finalize the allotment process under the R & R policy but subject to apposite compliances being made by the petitioners to all the relevant terms and conditions, if not already made.

(SURESHWAR THAKUR) JUDGE (SUKHVINDER KAUR) 10.05.2024 JUDGE kavneet singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No 2 of 2 ::: Downloaded on - 14-05-2024 23:40:38 :::