Disposed

Jasbir Singh v. State of Punjab & Ors.

Punjab & Haryana HC12 May 2014CWP/8964/2014

Case brief

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What is this about?

The court disposed of a writ petition seeking quashing of land acquisition from petitioner's nursery site without ruling on merits, directing authorities to verify if Section 5-A opposition was raised and to decide under Section 48 within three months if a nursery plea exists.

What did the court decide?

Writ petition disposed with direction to respondents to verify Section 5-A objection and decide under Section 48 within three months if nursery plea is valid.

Jasbir Singh Vs State of Punjab & Ors. — Public Procurement and Tenders | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.8964 of 2014 Date of Decision: May 12, 2014

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.....PetitionerPetitioner

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Jasbir Singh .....PetitionerPetitioner versus State of Punjab and others .....Respondents

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

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Present : Mrs.Avtar Kaur, Advocate, for the petitioner.

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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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Surya Kant, J. (Oral)

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The land of the petitioner measuring 12 kanal 9 marla comprised in Khasra No.72//18 and 72//19, Hadbast No.35, situated within the revenue estate of village Sohana, Tehsil and District Mohali, was acquired for the development of Sectors 88 & 89 in the urban estate of SAS Nagar, Mohali. Award No.522 has also been passed on 15.11.2011. The petitioner now seeks quashing of acquisition on the ground that he runs a nursery from the acquired site and it would be detrimental to the public interest to acquire his land. It is claimed that such an objection was taken by him under Section 5-A of the Land Acquisition Act, 1984 also.

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Having heard learned counsel for the petitioner and keeping in view the fact that after passing of the Award, the land vests with the State Government free from all encumbrances, but keeping in view the above-raised plea taken by the petitioner and the fact that he has represented

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Kumar Mohinder 2014.07.08 11:42 I attest to the accuracy of this order Chandigarh

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[2]

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CWP No.8964 of 2014

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the Competent Authority for the release of his land on the plea that he is running a nursery from the site, we dispose of this writ petition, without expressing any views on the merits of petitioner's claim, with a direction to respondent Nos.2 & 3 to verify whether such a plea was taken by the petitioner under Section 5-A of the Act and if so, what was the report given by the Land Acquisition Collector. The Competent Authority if satisfied with the petitioner's claim, then it may take an appropriate decision under Section 48 of the Act 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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Dasti.

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[SURYA KANT] JUDGE May 12, 2014 [LISA GILL] Mohinder JUDGE

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Kumar Mohinder 2014.07.08 11:42 I attest to the accuracy of this order Chandigarh

Jasbir Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Jasbir Singh v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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