Disposed

Jagdish and Anr. v. State of Haryana and Ors.

Punjab & Haryana HC6 Nov 2013CWP/2309/2009

Case brief

AI extract

What is this about?

Appellants challenged notifications under the Land Acquisition Act regarding their property. The Court directed the respondents to re-demarcate the acquired and released areas after notice. If any structure remains under acquisition despite earlier release, it must be released unless it obstructs vital public utility.

What did the court decide?

Direction to re-demarcate areas within three months; release any remaining acquired structure unless obstructing vital public utility.

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

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No. 2309 of 2009

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Date of decision: November 06, 2013

Jagdish and another

... Appellants

Vs.

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. Rajpal Singh, Advocate for the appellants. Mr. S.S. Pattar Sr. DAG, Haryana.

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Surya Kant, J (Oral)

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The petitioners impugn the notifications dated 3.10.2006 and 1.10.2007 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short, 'the Act') to the extent of acquisition of their land measuring 4096 square yards comprising in Khasra No.170 and 171 situated within the revenue estate of village Nathupur, Tehsil & District Gurgaon.

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Mr. Pattar states that pursuant to the order dated 17.12.2007 passed by this Court in an earlier writ petition of the petitioners, namely, CWP No. 16396 of 2007, their constructed portion measuring 512 square yards in Khasra No.170 has been released. It is also mentioned that 3 bigha

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7 biswa land out of Khasra No.170 and another 1 bigha 4 biswa out of Khasra No.171 was earlier excluded from acquisition while issuing declaration under Section 6 of the Act.

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Deepak Kumar 2013.12.19 12:33 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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Civil Writ Petition No. 2309 of 2009 -2-

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Notwithstanding the above mentioned release of their land/constructed property, learned counsel for the petitioners insists that part of the structure is still under acquisition. Learned State counsel has however, disputed this fact.

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In the light of the rival submissions, we dispose of this writ petition with a direction to the respondents to re-demarcate the released and acquired area of the petitioners after giving one week advance notice to them and if it is found that any constructed portion of their house/structure is still under acquisition, the same shall also be released as per Government Policy dated 26.10.2007, provided that such area does not obstruct any vital public utility like road/green belt etc.

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Appropriate order shall be passed within a period of three months from the date of receipt of certified copy of this order. The petitioners shall not raise any fresh construction till the decision is taken by the respondents.

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(Surya Kant) Judge November 06, 2013 (Surinder Gupta) deepak Judge

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Deepak Kumar 2013.12.19 12:33 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh

Jagdish and Anr. v. State of Haryana and Ors.

Case brief

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Jagdish and Anr. v. State of Haryana and Ors.

Case brief

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