Allowed

Harshvardhan Memorial Charitable Trust and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC17 Dec 2013CWP/10706/2007

Case brief

AI extract

What is this about?

In a writ petition regarding land acquisition for a PWD Rest House, the Court noted that the site was changed and construction started at a new location. Since the original public purpose disappeared and no fresh proposal was filed, the Court allowed the petition.

What did the court decide?

Quashed the notifications dated 12.06.2006 and 08.06.2007 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 to the extent of the petitioners' land.

Harshvardhan Memorial Charitable Trust and Ors. Vs… — Land Acquisition | Punjab & Haryana HC (2013)

¶1

IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

¶2

CWP No. 10706 of 2007 (O&M) Date of Decision : 17.12.2013

¶3

Harshvardhan Memorial Charitable Trust & Ors.

¶4

.......... petitioners

¶5

Versus

¶6

State of Haryana & others

¶7

...... Respondents

¶8

*****

¶9

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE SURINDER GUPTA

¶10

Present : Mr. M.L. Sharma, Advocate for the petitioners.

¶11

Mr. S.S. Patter, Sr. DAG, Haryana.

¶12

Mr. Satish Chaudhary, Advocate for respondent No. 6.

¶13

¶14

SURYA KANT, J. (Oral)

¶15

Petitioners' land measuring 18 Kanal-11 Marlas situated in village Sirasgarh, Tehsil Barara, District Ambala was acquired vide notifications dated 12.06.2006 and 08.06.2007 (Annexures P-10 & P-13), respectively, issued under Sections 4 & 6 of the Land Acquisition Act, 1894 ( for short 'the Act') for the public purpose of construction of PWD Rest House at Sirasgarh, District Ambala.

¶16

The aggrieved petitioners approached this Court. Vide order dated 19.07.2007 their dispossession was stayed till further orders.

¶17

Learned counsel for the petitioners pointed out on November 29, 2013 that during the pendency of this writ petition, the site of proposed Rest House was changed and construction has been started at a new place. Learned State counsel was accordingly asked to have instructions.

¶18

Satyawan 2014.01.10 10:02 "I attested to the accuracy and integrity of this document" High Court Chandigarh

¶19

CWP No. 10706 of 2007 (O&M)

¶20

¶21

Mr. S.S. Patter, learned Sr. DAG, Haryana on the basis of written instructions received by him vide letter dated 16.12.2013 states that pursuant to the resolution passed by Block Simiti, Barara offering land for the afore-stated purpose, the PWD Rest House at Barara is now under construction in Sirasgargh on the Panchayat land.

¶22

Since the very purpose of acquisition of the petitioners' land has disappeared as the Rest House is already under construction at a different site and the respondents have not placed any fresh proposal on record for utilization of the acquired land for any other public purpose, we allow this writ petition and quash the notifications dated 12.06.2006 and 08.06.2007 (Annexures P-10 & P-13), respectively, issued under Sections 4 & 6 of the Act to the extent of the acquisition of land of the petitioners.

(SURYA KANT)

JUDGE

17.12.2013

'Satyawan'

(SURINDER GUPTA)

JUDGE

Satyawan 2014.01.10 10:02 "I attested to the accuracy and integrity of this document" High Court Chandigarh

Harshvardhan Memorial Charitable Trust and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Harshvardhan Memorial Charitable Trust and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rupali Mahajan Vs Pgimer, Sector 12, Chandigarh and Ors.

Santosh Rani & Ors. Vs State of Haryana & Ors.

Amit and Another Vs State of Haryana and Ors.

Sandeep Kumar & Ors. Vs State of Haryana & Ors.

Nilam Kumari Vs Tribunal Improvement Trust & Ors.

Punjab State Agricultural Marketing Board & Anr. Vs Surinder Kumar