Disposed

Mam Chand and Anr. v. State of Haryana and Ors.

Punjab & Haryana HC23 May 2014CWP/10129/2014

Case brief

AI extract

What is this about?

In a writ petition challenging non-release of a pre-existing residential house from land acquisition, the High Court directed the respondents to conduct a fresh survey to ascertain facts based on government policies and maintain status quo pending the decision.

What did the court decide?

Direction to respondents to conduct a fresh survey to ascertain facts regarding the existence of the house within four months and maintain status quo until then.

Mam Chand and Anr. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2014)

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.10129 of 2014 (O&M) Date of Decision: 23.05.2014

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Mam Chand & Anr. . . . . Petitioners

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VS.

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State of Haryana & Ors. . . . . Respondents

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CORAM: HON’BLE MR.JUSTICE SURYA KANT HON’BLE MRS.JUSTICE LISA GILL

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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. Shashikant Gupta, Advocate for the petitioners

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SURYA KANT, J. (Oral)

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(1). Notice of motion. Ms. Palika Monga, learned DAG Haryana accepts notice. Having regard to the nature of order which we propose to pass, there is no necessity to call upon the respondents to file reply/affidavit, at this stage.

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(2). The short grievance of the petitioners is that though they constructed their residential house of A-class construction over a plot measuring 150 sq.yards much before the issuance of notifications dated 30.10.1992 and 28.10.1993 under Sections 4&6 of the Land Acquisition Act, 1894 (in short, ‘the Act’), respectively and it was very well found in existence at the time of survey conducted before issuance of Section 4 notification yet the same has not been released from acquisition while residential houses of various similarly-placed owners have been released on pick and choose basis.

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Vishal V 2014.07.10 13:18 I attest to the accuracy and integrity of this document

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(3). The photographs and site plan of the house have also been placed on record. It is contended that the petitioners are still in peaceful possession of the house and were never dispossessed.

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(4). Having heard learned counsel for the parties and considering the above-noticed factual plea coupled with the Government’s own policies dated 26^th October, 2007 and 24^th January, 2011 as well as the consistent past practice of the authorities to release the existing structures, we dispose of this writ petition with a direction to the respondents to conduct a fresh survey so as to ascertain the correct facts regarding existence of the residential house at the time of Section 4 notification and if it is found correct, to take appropriate decision in accordance with the Government policies framed in regard thereto, within a period of four months from the date of receipt of a certified copy of this order. (5). Till such decision is taken, the parties shall maintain status quo .

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(6). Ordered accordingly. Dasti .

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Vishal V 2014.07.10 13:18 I attest to the accuracy and integrity of this document

Mam Chand and Anr. v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Mam Chand and Anr. 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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