In land acquisition matter, HC informed petitioner that his Section 28-A application was pending and directed the Collector to decide it according to law without opining on merits.
Direction to the Land Acquisition Collector to decide the pending application under Section 28-A in accordance with law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.17914of2014(O&M)
DATE OF DECISION: 01.09.2014
Bijender Singh
…..Petitioner
versus
State of Haryana and others
.....Respondents
CORAM:- HON'BLE MR.JUSTICEASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Amit Jain, Advocate for the petitioner
ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):
The case of the petitioner is that his land situated
within the revenue estate of village Bas Hariya, Tehsil Manesar,
District Gurgaon, was acquired vide notification dated 26.2.2002
issued under Section 4 of the Land Acquisition Act, 1894 and
notification dated 18.11.2002 issued under Section 6 of the Act.
The Award was announced on 20.5.2004.
Learned counsel for the petitioner submits that the
petitioner did not challenge the Award by filing an application
under Section 18 of the Act for referring the case to the
District Judge but he has now filed an application/petition dated
7.12.2012 (Annexure P/1) under Section 28-A of the Act seeking
similar compensation as has been paid to other land owners. It
is contended that till date the application dated 7.12.2012
PARKASH CHAND 2014.09.02 14:47 I attest to the accuracy and integrity of this document
CWP-17914-2014
- 2 -
(Annexure P-1) has not been decided by respondent No.2, namely,
Land Acquisition Collector.
In view of the above, without expressing any opinion on
the merits of the petitioner’s claim, we dispose of this writ
petition with a direction to respondent No.2 that in case any
application of the petitioner under Section 28-A of the Act is
pending consideration, the same shall be decided in accordance
with law.
(ASHUTOSH MOHUNTA)
ACTING CHIEF JUSTICE
01.09.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE
PARKASH CHAND 2014.09.02 14:47 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner, who did not challenge the Award under Section 18, is entitled to seek equal compensation under Section 28-A via a writ petition.
1 provisions across 1 enactments
Bijender Singh
State of Haryana
Ashutosh Mohanta
Harinder Singh Sidhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court