Disposed

Champu Lal v. State of Haryana & Ors.

Punjab & Haryana HC16 May 2014CWP/9476/2014

Case brief

AI extract

What is this about?

This Court granted a direction for a fresh survey of the petitioner's residential house constructed before the Section 4 notification. If verified, the authority is directed to release it per Government policy within four months, with maintenance of status quo pending.

What did the court decide?

Direction to conduct fresh survey regarding petitioner's house and release it pursuant to Government policies within four months if verified; status quo maintained.

Champu Lal Vs State of Haryana & 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.9476 of 2014 (O&M) Date of Decision: 16.05.2014

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Champu Lal . . . . Petitioner

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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 Mr.Justice Mahavir Singh Chauhan

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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 petitioner

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SURYA KANT, J. (Oral)

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(1). Notice of motion. Mr. Roopak Bansal, learned Addl. AG 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 petitioner in this case is that though his residential house of A-class construction over a plot measuring 169.44 sq.yards which he raised 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, 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 whereas residential houses of various similarly-placed owners have been released on pick and choose basis.

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Vishal V 2014.05.29 15:38 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 also contended that the petitioner is still in peaceful possession of the house and was never dispossessed by the authorities.

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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 to release the constructed structures, we dispose of this writ petition with a direction to the respondents to conduct a fresh survey so as to ascertain the petitioner’s plea regarding existence of 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.

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(5). Till such decision is taken, the parties shall maintain

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status quo .

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(6). Ordered accordingly. Dasti .

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Vishal V 2014.05.29 15:38 I attest to the accuracy and integrity of this document

Champu Lal v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Champu Lal v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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