Petitioners challenged land acquisition notifications. The court found the petition rendered infructuous as petitioners' lands were released except for petitioner No.5, who was granted liberty to move a representation.
Writ petition disposed as infructuous; liberty granted to petitioner No.5 to move representation for release of land.
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Civil Writ Petition No.14755 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.
Civil Writ Petition No.14755 of 2008 Decided on : 17.12.2008
Jagbir Singh & others
....Petitioners
Versus
State of Haryana and others.
....Respondents.
CORAM:HON'BLE MR.JUSTICE M.M.KUMAR. HON'BLE MR.JUSTICE JORA SINGH.
Present: Mr.Arun Jain, Senior Advocate, with Mr.Amit Jain, Advocate, for the petitioner.
Mr.Ashish Kapoor, Addl. A.G., Haryana, for respondents No.1 to 3 & 5.
Mr.Dheeraj Chawla, Advocate, for respondent No.2.
M.M.Kumar, J
The petitioners have approached this Court for quashing the impugned notifications dated 08.06.2007 and 27.02.2008 (Annexures P-19 and P-40), issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity 'the Act) whereby the Government has sought to acquire the land for public purpose namely for extension of Industrial Growth in village Rudh, Chirahara, Banipur, Bawal, Tehsil Bawal, District Rewari.
On 21.08.2008, notice of motion was issued to the respondents.
Civil Writ Petition No.14755 of 2008 2
Thereafter, the matter was taken up for hearing on 23.09.2008 & 17.10.2008.
At the hearing today, learned counsel for respondent No.2 has stated that the respondents have considered the question of releasing the land of the writ petitioners from acquisition. He has further stated that the land belonging to the petitioners has been fully released except petitioner No.5.
Learned counsel for the petitioners does not dispute the aforementioned factual position. However, learned counsel for the petitioners has prayed that the writ petition be disposed of as having been rendered infructuous in respect of the land of the petitioners whose land has been released entirely, but in respect of petitioner No.5, he may be granted liberty to move an appropriate representation to respondent No.1 for releasing his land, if it is possible, in accordance with law.
In view of the above, the present writ petition has been rendered infructuous and is disposed of as such. However, petitioner No.5 is at liberty to move an appropriate representation(s) for seeking further release of his land. The needful shall be done within a period of one month under Registered A.D. cover. If any such representation is made, the same shall be considered by respondent No.1 and be disposed of within two month from the date of receipt of such representation.
(M.M.KUMAR) JUDGE
December 17, 2008 mamta-II
(JORA SINGH) JUDGE
Civil Writ Petition No.14755 of 2008 3
1 provisions across 1 enactments
Jagbir Singh & others
State of Haryana
M.M.Kumar
Jora Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
