Partly allowed

Harjit & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC19 Feb 2013CWP/16440/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a writ petition quashing orders on land demarcation errors. The matter was remitted to the Assistant Collector for a fresh decision based on the Mossavi, Field Book, and Aks-shajra.

What did the court decide?

Impugned orders set aside and matter remitted to the Assistant Collector Ist Grade, Faridabad, for a fresh decision.

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

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CWP No.16440 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.16440 of 2012 Date of decision: 19.02.2013

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Harjit and others

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..... Petitioners

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VERSUS

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Commissioner, Gurgaon Division, Gurgaon and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL

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Present : Mr.Raj Mohan Singh, Advocate, for the petitioners.

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Mr.D.Khanna, Addl.A.G., Haryana, for respondents No.1 to 3.

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Mr.Sanjeev Kumar Panwar, Advocate, for respondents No.4 and 5.

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RAJIVE BHALLA, J.(ORAL)

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The petitioners pray for issuance of a writ of certiorari, quashing orders dated 12.06.2006, 05.04.2011 and 06.04.2012, passed by the Assistant Collector Ist Grade, Faridabad, the District Collector, Faridabad and the Commissioner, Gurgaon Division, Gurgaon, respectively.

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Counsel for the parties agree that as there is an error in the demarcation report namely that the eastern arm of Khasra No.365 may have been wrongly referred to as 9 karams, the impugned orders may be set aside and the matter may be remitted to the Assistant Collector Ist Grade, Faridabad, for deciding the matter afresh and in accordance with law.

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CWP No.16440 of 2012

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In view of statement made by counsel for the parties, the writ petition is allowed, the impugned orders are set aside and the matter is remitted to the Assistant Collector Ist Grade, Faridabad, to decide the matter with respect to encroachment of path No.367 afresh and in accordance with law after taking into consideration the measurements of Khasras No.365, 366 and 367 and all other relevant khasra numbers, by reference to the Mossavi , the Field Book and the Aks-shajra .

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Parties are directed to appear before the Assistant Collector Ist Grade, Faridabad, on 03.04.2013, who shall decide the petition within three months from the parties putting in appearance before him.

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[ RAJIVE BHALLA ] JUDGE

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19.02.2013 shamsher

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[ REKHA MITTAL ] JUDGE

Harjit & Ors. v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Harjit & Ors. v. State of Haryana & Ors.

Case brief

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What did the court decide?

What the court decided

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