Punjab-Haryana High Court
Desh Raj Dhingra vs State Of Haryana And Anr on 24 October, 2024
Author: G.S. Sandhawalia
Bench: G.S. Sandhawalia
Neutral Citation No:=2024:PHHC:140264-DB
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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208 CWP-16905-2014 (O&M)
Date of Decision.:24.10.2024
Desh Raj Dhingra Petitioner
Vs.
State of Haryana and another Respondents
CORAM: HON'BLE MR. JUSTICE G.S. SANDHAWALIA
HON'BLE MR. JUSTICE DEEPAK GUPTA
Present: None for the petitioner.
Mr. Ankur Mittal, Addl. AG, Haryana with
Mr. Saurabh Mago, DAG, Haryana.
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G.S. SANDHAWALIA, J. (ORAL)
Present Writ Petition has been remanded to this Court after earlier decision dated 30.10.2017, on account of the fact that compensation for the acquired land has not been paid and the possession had not been taken keeping in view the prevalent position of law at that point of time. The Apex Court in Civil Appeal No. 2619 of 2024, has set aside the said judgment for fresh consideration in view of the judgment "Indore Development Authority v. Manoharlal and Others" (2020) 8 SCC 129 with the observation that all legal contentions are kept open to be raised by both parties.
2. The present petition was filed in the year 2014, is based only on the ground of lapsing of acquisition proceedings under Section 24 (2) of the Right to Fair Compenstaion and Transparency in Land Acquisition, Rehabilitation and 1 of 3 ::: Downloaded on - 29-10-2024 21:15:51 ::: Neutral Citation No:=2024:PHHC:140264-DB CWP-16905-2014 (O&M) Resettlement Act, 2013 [for short 'the 2013 Act'], regarding the land measuring 13 Kanal 6 Marla in Village Nangal Khurd, Tehsil and District Sonipat, which was notified under Section 4 of the Land Acquisition Act, 1894 [for short 'the 1894 Act'] on 20th January, 2003 followed by the notification dated 16.01.2004 under Section 6 of the the 1894 Act. Apparently award was also passed on 14th January, 2006.
3. The land having vested in the State as such, had never been objected to and only on the ground the 2013 Act had come into force, the writ petition came up for hearing for the first time on 21st August, 2014 and was kept pending as the matter was under consideration before the Apex Court. The reply has now been filed wherein it is mentioned that petitioners had not filed objections under Section 5A of the 1894 Act and the conditions as such have been honored inasmuch the amount was duly tendered before the LAC by the State and out of ₹42,45,43,182/- deposited, ₹9,26,95,044/- has already been disbursed. The balance of ₹33,18,48,138/- is lying deposited in the account of the LAC and the petitioners are at liberty to receive his share.
4. The recording of Rapat Roznamcha No.356 dated 14.01.2006 on passing of award has also been mentioned which affirms the fact of taking of possession and the fact that land was acquired for public purpose, for development of Sector 8-19, Sonepat, residential and commercial by the erstwhile Haryana Urban Development Authority. The essentially and the liability of the acquisition has also been mentioned by the State. The land of the petitioners site 2 of 3 ::: Downloaded on - 29-10-2024 21:15:52 ::: Neutral Citation No:=2024:PHHC:140264-DB CWP-16905-2014 (O&M) -3- effect's 24 mtr. vide road, 12 mtr. road, 32 plots of 4 Marla, 9 plots of 6 Marla, 12 plots of 3 Marla and green area as per the revised layout plan of Sector-19, Residential Sonepat. We have examined the site plan (Annexure R-2) which has verified the said averments and that the laid out planned development will be adversely affected in case any benefit is to be granted to the landowners, who is in any ways had never objected to the acquisition proceedings and never challenged the same on merits. The award having been passed now he has no vested right to challenge the same after a delay of 8 years.
5. Accordingly, finding no merit in the present petition, same is hereby dismissed.
All pending application(s), if any, stand disposed of.
(G.S. SANDHAWALIA) JUDGE (DEEPAK GUPTA) JUDGE October 24, 2024 Neetika Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No 3 of 3 ::: Downloaded on - 29-10-2024 21:15:52 :::