Disposed

Arun Kumar and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC27 May 2013CWP/10607/2013

Case brief

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What is this about?

The High Court of Punjab and Haryana disposed of a writ petition regarding non-release of interest and principal from a land acquisition award. Without expressing an opinion on merits, the court directed the Respondents to pass a detailed speaking order after an opportunity of personal hearing within three months.

What did the court decide?

Ordered respondent No.2 to pass a detailed speaking order after personal hearing within three months.

Arun Kumar and Ors. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2013)

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CWP No.10607 of 2013 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.10607 of 2013 (O & M) Date of Decision: May 27, 2013

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Arun Kumar and others

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....Petitioners

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Versus

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State of Haryana and others

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.... Respondents

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CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE G.S. SANDHAWALIA

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Present: Mr.P.C. Yadav, Advocate, for the petitioners.

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AJAY KUMAR MITTAL, J.

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The petitioners in the present petition filed under Articles 226/227 of the Constitution of India are claiming release of the interest on the award amount in respect of Khasra No.37//8 & 9 measuring 800 Square Yards in village Jagadhari, Tehsil Jagadhari, District Yamuna Nagar. Besides the aforesaid, a claim has also been made for release of remaining principal amount of ` 40530/- which was received by respondent No.3 but not deposited in the office of respondent No.2 and interest thereon from the date of receiving till the date of its release.

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As per averments made in the writ petition, the petitioners had earlier approached this Court by way of filing CWP No.23107 of 2012 titled as Arun Kumar and others versus State of Haryana and others claiming the same relief which was dismissed as withdrawn on 23.11.2012 with liberty to the petitioners to seek their remedies from the Land Acquisition Collector in accordance with law.

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Learned counsel for the petitioners submitted that the petitioners had thereafter sent a representation (Annexure P-9) to the Land Acquisition Collector for the aforesaid purpose claiming the relief as

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CWP No.10607 of 2013 (O & M)

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claimed in this writ petition. The Land Acquisition Collector on the aforesaid representation had directed respondent No.3 Ramesh Chand to deposit the amount of interest which was received by him within a week. It was submitted that respondent No.3 has failed to deposit the said amount and, therefore, the amount was not being released to the petitioners.

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After hearing learned counsel for the petitioners, perusing the present petition and without expressing any opinion on the merits of the case, the present petition is disposed of at this stage by directing respondent No.2 to pass a detailed speaking order on the representation (Annexure P-9) after affording an opportunity of personal hearing to the petitioners as also to respondent No.3 in accordance with law within a period of three months from the date of receipt of certified copy of the order.

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(AJAY KUMAR MITTAL)

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JUDGE

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(G.S. SANDHAWALIA) JUDGE

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May 27, 2013 sukhpreet

Arun Kumar and Ors. v. State of Haryana and Ors.

Case brief

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Arun Kumar and Ors. v. State of Haryana and Ors.

Case brief

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