Disposed

Balwant Kaur v. State of Haryana & Ors.

Punjab & Haryana HC12 Aug 2014CWP/11299/2014

Case brief

AI extract

What is this about?

This petition challenged the acquisition of land under the Land Acquisition Act, 1894. The Court, noting a prior Division Bench decision on similar discrimination issues, directed the respondents to verify the petitioner's claim regarding the release of constructed portions without adjudicating merits.

What did the court decide?

Direction to respondents to verify the petitioner's claim regarding the release of constructed property and to pass an appropriate speaking order within three months.

Balwant Kaur Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2014)

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Satyawan IN THE PUNJAB AND HARYANA HIGH COURT AT 2014.08.14 10:41"I attested to the accuracy and integrity of this document" CHANDIGARH High Court Chandigarh

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CWP No. 11299 of 2014 Date of Decision : 12.08.2014

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Balwant Kaur Brar

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.......... PETITIONER

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Versus

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State of Haryana & others

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...... RESPONDENTS

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CORAM : HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

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Present : Mr. R.D. Gupta, Advocate for the petitioner.

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Ms. Palika Monga, DAG, Haryana.

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Mr. Ajay Kansal, Advocate for HUDA-respondent No.3.

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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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ASHUTOSH MOHUNTA, ACJ. (Oral)

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The petitioner seeks quashing of the notifications dated 15.1.2008 (Annexure P-6) and dated 14.1.2009 (Annexure P-8) issued under Sections 4 & 6, respectively, of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) as also the Award dated 12.1.2011 (Annexure P-9) passed in relation to the acquisition of his land.

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The short claim while seeking a direction for the release of her acquired property is that the petitioner has raised construction of shops/commercial area besides boundary wall on the subject land, as shown in the site plan (Annexure P-21). The petitioner's further case is that the respondents have already released such like structures as well as some vacant plots purportedly on the basis of their policy decision though on pick and choose basis. The released properties have also been depicted in the site plan. The petitioner also relies upon a Division Bench

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Satyawan 2014.08.14 10:41"I attested to the accuracy and 2 integrity of this document" High Court Chandigarh

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CWP No. 11299 of 2014

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decision of this Court dated 21.9.2012 passed in CWP No.22010 of 2011 (Lakhan Lal and others versus State of Haryana and others) whereby the subject acquisition has already been quashed qua the writ-petitioners primarily on the ground of discrimination in the matter of release of postacquisition properties.

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Having heard learned counsel for the parties and keeping in view the fact that this Court has already expressed its opinion in relation to the same acquisition vide order dated 21.9.2012 and the petitioner is also claiming such like construction on his land, we deem it appropriate to dispose of this writ petition, however without expressing any views on merits of the petitioner's claim, with a direction to the respondents to verify the claim of the petitioner regarding release of her constructed portion of the property/ land from acquisition process in the light of the Division Bench decision of this Court in Lakhan Lal and others' case, cited above, and pass an appropriate speaking order within a period of three months from the date of receiving a certified copy of this order.

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Ordered accordingly.

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(ASHUTOSH MOHUNTA) ACTING CHIEF JUSTICE

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(HARINDER SINGH SIDHU JUDGE

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12.08.2014 'SP'

Balwant Kaur v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Balwant Kaur v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

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