Allowed

M/S Kadimi Organics Ltd. and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC3 Dec 2013CWP/1296/2013

Case brief

AI extract

What is this about?

A pillarless divisional town planner filed a reply recommending release of petitioner induced industrial land measuring 13 kanal 14 marla for road and green belt. The bench disposed of the writ petition directing release of the land without prejudice to the right to seek enhancement of compensation.

What did the court decide?

Direction to the State that the impugned land of the petitioners shall stand released for road and green belt purposes.

M/S Kadimi Organics Ltd. and Ors. Vs State of… — Land Acquisition | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No. 1296 of 2013

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Date of decision: December 03, 2013

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M/s Kadimi Organics Limited and others

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... Petitioners

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Vs.

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The State of Haryana and others

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... Respondents

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

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1. Whether reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. Shailendra Jain, Advocate for the petitioners. Mr. S.S. Pattar, Sr. DAG, Haryana. Mr. Kamal Sehgal, Advocate for respondent No.3.

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Surya Kant, J (Oral)

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The petitioners impugn the notifications dated 15.11.2002 (Annexure P/3) and 12.11.2003 (Annexure P/5) issued under Sections 4 & 6 respectively, of the Land Acquisition Act, 1894 vide which the industrial land/sheds of the petitioners was acquired.

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Divisional Town Planner of HSIIDC has filed reply and in para 17, the following averments have been made :-

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“ 17. That accordingly, the matter was considered by the answering respondent in light of the recommendations of the High Powered Committee and after considering the area falling in Road, Green Belt, the rest of the land measuring 13 kanal 14 marla has been recommended for release to the State Government as per the following details :-

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Deepak Kumar 2014.01.10 11:56 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

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*Khasra No.*	*Area under* *litigation*	*Area notified* *u/s 6 of Land*	*Area re* *road/gr*	*quired for* *een belt*	*Balance land*
		*Acquisition Act*	Road	50 Mtr. Wide green belt
10//12/3	2 Kanal - 3 Marla	2 Kanal - 3 Marla	-	2 Kanal- 3 Marla	-
10//13/1	4 Kanal -	3 Kanal -	-	3 Kanal -	1 Kanal -
	16 Marla	16 Marla		10 Marla	6 Marla
10//13/2	1 Kanal -	1 Kanal -	0 Kanal	-	1 Kanal -
	19 Marla	19 Marla	2 Marla		17 Marla
10//17/2	3 Kanal -	3 Kanal -	-	-	3 Kanal -
	8 Marla	8 Marla			8 Marla
10//18/1	4 Kanal -	4 Kanal -	-	-	4 Kanal -
	0 Marla	0 Marla			0 Marla
10//18/2	4 Kanal -	4 Kanal -	-	1 Kanal -	3 Kanal -
	0 Marla	0 Marla		0 Marla	0 Marla
10//19/1	5 Kanal -	5 Kanal -	-	5 Kanal-	0 Kanal -
	16 Marla	16 Marla		13 Marla	3 Marla
Total	26 Kanal -	26 Kanal -	0 Kanal	12 Kanal	13 Kanal -
	2 Marla	2 Marla	2 Marla	6 Marla	14 Marla

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Mr. Kamal Sehgal, learned counsel for HSIIDC states that the above reproduced recommendation has since been accepted by the State Government.

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In this view of the matter, we dispose of this writ petition with a direction that the above mentioned land of the petitioners shall stand released for all intents and purposes. It is stated that possession of above mentioned land is already with the petitioner. The release of above mentioned land shall be without prejudice to the petitioners' right to seek enhancement of compensation in a separate case said to have been filed.

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(Surya Kant) Judge

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December 03, 2013 (Surinder Gupta) deepak Judge

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Deepak Kumar 2014.01.10 11:56 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

M/S Kadimi Organics Ltd. and Ors. v. State of Haryana and Ors.

Case brief

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M/S Kadimi Organics Ltd. and Ors. v. State of Haryana and Ors.

Case brief

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