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