Disposed

M/S Ankit Textiles v. State of Haryana and Another

Punjab & Haryana HC17 Sept 2014CWP/19359/2014

Case brief

AI extract

What is this about?

Single-judge court allowed the petition, directing the State to decide the petitioner's representation for release of acquired land within three months with a speaking order clarifying possession status and protecting existing factory structures.

What did the court decide?

Direction to respondent No. 1 to decide petitioner's representation within three months via a speaking order, including status of possession and instruction not to demolish factory building.

M/S Ankit Textiles Vs State of Haryana and Another — Land Acquisition | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.19359of2014(O&M)
 DATE OF DECISION: 17.09.2014

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M/s Ankit Textiles

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…..Petitioner

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versus

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The State of Haryana and another

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 .....Respondents

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CORAM:- HON'BLE MR.JUSTICEASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU

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Present: Mr. Vikram Singh, Advocate for the petitioner

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ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):

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The averments made in this writ petition are that
the land of the petitioner was acquired vide notifications
dated 23.02.1989 (Annexure P1) and 22.02.1990 (Annexure P2)
issued under Sections 4 and 6 of the Land Acquisition Act,
1894, respectively, and the Award was announced on
21.02.1992.

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Learned counsel for the petitioner submits that

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till date physical possession of the acquired land has not
been taken by the respondents. Therefore, in view of
provisions of Section 24(2) of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, the acquisition has lapsed. Learned
counsel further submits that the petitioner has submitted a

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PARKASH CHAND 2014.09.17 14:30 I attest to the accuracy and authenticity of this document

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CWP-19359-2014

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- 2 -

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representation dated 10.05.2014 (Annexure P-5) for release
for its land, but no decision has been taken thereon.

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After hearing learned counsel for the petitioner,
we dispose of this writ petition with a direction to
respondent No.1 to decide the representation dated 10.05.2014
(Annexure P-5) filed by the petitioner in accordance with
law by passing a speaking order. The question whether the
possession of the property of the petitioner has been taken
or not should also be clearly stated while deciding the
representation. In case, factory building of the petitioner
exists on the said land in question as on date then the same
shall not be demolished till the decision of the above
representation. The decision in this regard be taken within a
period of three months from the date of receipt of certified
copy of this order.

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( ASHUTOSH MOHUNTA ) ACTING CHIEF JUSTICE

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17.09.2014

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parkash*

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 (HARINDER SINGH SIDHU)
JUDGE

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PARKASH CHAND 2014.09.17 14:30 I attest to the accuracy and authenticity of this document

M/S Ankit Textiles v. State of Haryana and Another

Case brief

What is this about?

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M/S Ankit Textiles v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

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