Disposed

Phool Singh and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC9 Dec 2013CWP/26923/2013

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging land acquisition notifications without expressing views on merits. It directed authorities to verify claims of existing structures within four months and maintain status quo in the interim.

What did the court decide?

Directions to respondent authorities to verify the petitioners' claim regarding existing structures and decide by passing a speaking order within four months; status quo maintained.

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

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.26923 of 2013 Date of Decision: December 09, 2013

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Phool Singh 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 SURYA KANT. HON'BLE MR.JUSTICE SURINDER GUPTA.

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Present : Mr.Vikram Singh, Advocate, for the petitioners. Mr.S.S.Patter, Senior DAG, Haryana.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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Notice of motion.

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On our asking, Mr.S.S.Patter, learned Senior Deputy Advocate General, Haryana, accepts notice on behalf of the respondents.

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Let four copies of the writ petition be supplied to the learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution.

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In view of the nature of order which we propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage.

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The petitioners impugn the notifications dated 23.02.2007 (Annexure P-1) and 20.03.2008 (Annexure P-4), issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as, 'the Act'), respectively, to the

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Kumar Mohinder 2014.01.08 15:36 I attest to the accuracy of this order Chandigarh

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CWP No.26923 of 2013

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[2]

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extent of acquisition of their land measuring 1 kanal 18 marlas comprised in Khasra Nos.31//6/2/3, 7/3, situated within the revenue estate of village Khaira, Tehsil and District Mahindergarh. The petitioners who are three brothers are said to have constructed their respective houses and shops on the acquired land.

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From the material on record, it does appear that the petitioners have constructed shops on the acquired land, however we are not sure that there exists residential houses also. If that is so, then in terms of the Government Policy dated 26.10.2007 for the release of structures which were found in existence at the time of issuance of notification under Section 4 of the Act, the petitioners' claim deserves to be considered. The petitioners have in this regard made a representation dated 14.03.2013 (Annexure P-6) also.

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We, therefore, dispose of this writ petition, however, without expressing any views on merits of the petitioners' claim, with a direction to the respondentauthorities to verify the above-mentioned claim of the petitioners and decide the same by passing a speaking order within a period of four months from the date of receiving a certified copy of this order.

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Till then, both the parties are directed to maintain

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status-quo.

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Dasti.

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December 09, 2013 [SURINDER GUPTA] Mohinder JUDGE

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Kumar Mohinder 2014.01.08 15:36 I attest to the accuracy of this order Chandigarh

Phool Singh and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Phool Singh and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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