Dismissed

Roshni Devi etc. v. State of Haryana etc.

Punjab & Haryana HC4 Dec 2008CWP/3582/2004

Case brief

AI extract

What is this about?

Writ petition challenging land acquisition notice withdrawn by petitioners with liberty to seek release of land based on existing pucca houses within two weeks. Status quo maintained pending authority response within three months.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to approach authorities for land release; status quo maintained for three months on any representation received.

Roshni Devi etc. Vs State of Haryana etc. — Land Acquisition | Punjab & Haryana HC (2008)

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CWP No.3582 of 2004

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-: 1 :-

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.3582 of 2004 Date of decision: December 4, 2008.

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Smt. Roshni Devi & Ors.

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... Petitioner(s)

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State of Haryana & Ors.

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... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE SURYA KANT

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Whether Reporters of local papers may be allowed to see the judgment ?

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Whether to be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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Present: Dr. Surya Parkash, Advocate for the petitioners.

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Shri R.D. Sharma, Deputy Advocate General, Haryana for the respondents.

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ORDER

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Surya Kant, J. - (Oral):

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The petitioners seek quashing of the notifications dated 11.11.2002 and 7.11.2003 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 respectively, acquiring the land comprising Rect. No.119, Killa No.3/2, 4, 7 and 8 situate within the revenue estate of village Patti Kaisth Seth, Kaithal.

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The above stated acquisition has been challenged by the petitioners solely on the ground that their pucca houses are in existence at the acquired land and those being the only dwelling units owned by them,

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CWP No.3582 of 2004

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-: 2 :-

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the same are liable to be released in terms of the State Government/HUDA's own policies.

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The subject land has been acquired by the State of Haryana for its utilization by the Haryana Urban Development Authority for commercial, professional institutions and green-belt purposes adjoining Sectors 19 and 20 of Kaithal.

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Learned Counsel for the Petitioners submits that he may be permitted to withdraw this writ petition with liberty to approach the authorities for the release of their lands on various grounds, including that the land of the similarly situated persons has been allegedly released by the authorities.

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After hearing Learned Counsel for the parties and keeping in view the fact that the petitioners' dispossession was stayed by this Court, this writ petition is dismissed as withdrawn with liberty to the petitioners to approach the respondent authorities within a period of two weeks from today. In case any representation is made by the petitioners within two weeks, the authorities shall maintain status quo at the site till the disposal of the said representation by the authorities, preferably within a period of three months from the date of its receipt.

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December 04, 2008. kadyan

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[ Surya Kant ] Judge

Roshni Devi etc. v. State of Haryana etc.

Case brief

What is this about?

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Roshni Devi etc. v. State of Haryana etc.

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