The High Court of Punjab & Haryana has held that it is the state that has the power to de-notify the land acquired under Right to Fair Compensation & Transparency in Land Acquisition Rehabilitation & Resettlement Act, 2013.
The HC bench of Justice Daya Chaudhary said Section 101-A inserted by Haryana Govt in Central law is an enabling provision & gives discretion to the State Govt to de-notify the land acquired for the public purpose under Land Acquisition Act, 1894 if the purpose has become unviable or non-essential.
It is the discretionary power vested in the state which can be exercised in respect of the ‘entire acquired land’ & not just a parcel of land & thus an individual landowner does not have any right to seek de-notification of his individual parcel of land & the Court cannot issue direction to exercise the discretion, the Bench said.
“This provision has been interpreted for the first time.Individual land owners were approaching Courts for release of their land which was resulting in undesired litigation. It will help in curbing that,” said, Ankur Mittal, Additional Advocate General, Haryana, who appeared in this case. The order came on a petition from a landowner, who was seeking release of his land notified for acquisition.
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