Disposed

Balwan Singh & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC6 Oct 2016CWP/21122/2016

Case brief

AI extract

What is this about?

In this writ petition, petitioners challenged the failure to allot replacement plots for their acquired land. The High Court directed the respondent to decide the demand notice by passing a speaking order after giving the petitioners an opportunity of hearing within three months.

What did the court decide?

Direction to respondent No.3 to take a decision on the demand notice dated 22.7.2016, pass a speaking order, and afford an opportunity of hearing to the petitioners within three months.

Balwan Singh & Ors. Vs State of Haryana & Ors. — Land Acquisition | Punjab & Haryana HC (2016)

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CWP No. 21122 of 2016

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 21122 of 2016

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Date of Decision: 6.10.2016

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Balwan Singh and others

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....Petitioners.

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Versus

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State of Haryana and others

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...Respondents.

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CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE RAMENDRA JAIN.

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PRESENT: Mr. Vikrant Hooda, Advocate for the petitioners.

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AJAY KUMAR MITTAL, J.

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In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of Mandamus directing the respondents to allot plots to them in lieu of their acquired land vide notification dated 24.1.2001 issued under Section 4 of the Land Acquisition Act, 1894 (in short “the Act”) followed by notification dated 22.1.2002 under Section 6 of the Act and the award dated 20.1.2004 under the oustee policy dated 9.11.2010 (Annexure P-3). 2. The land of the petitioners situated in village Jakhoda, Tehsil Bahadurgarh, District Jhajjar was acquired by the State of Haryana and notices dated 2.1.2004 (Annexure P-1 Colly) under Section 9 of the Act were issued. The references under Section 18 of the Act filed by the petitioners were decided by the Additional District Judge, Jhajjar vide award dated 29.9.2009. The petitioners vide letter dated 15.2.2016 Gurbachan Singh 2016.10.17 12:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

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CWP No. 21122 of 2016 -2-

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(Annexure P-2) requested the respondents for the allotment of plots under the oustees quota. Government of Haryana framed a policy dated 9.11.2010 (Annexure P-3) for allotment of residential/commercial plots under oustees quota and respondent No.1 took a decision to implement the decision of the Government for allotment of plots under the oustees quota. The petitioners sent a demand notice dated 22.7.2016 (Annexure P-4) to respondents No.3 to 5 for allotment of plots under the oustees quota, but no response has been received till date. Hence, the present writ petition.

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Learned counsel for the petitioners submitted that for the relief claimed in the writ petition, the petitioners have sent a demand notice dated 22.7.2016 (Annexure P-4) to respondents No.3 to 5, but no action has so far been taken thereon.

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After hearing learned counsel for the petitioners, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.3 to take a decision on the demand notice dated 22.7.2016 (Annexure P-4), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of three months from the date of receipt of certified copy of the order.

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(AJAY KUMAR MITTAL) JUDGE

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October 6, 2016 (RAMENDRA JAIN) gbs JUDGE

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Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No

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Gurbachan Singh 2016.10.17 12:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

Balwan Singh & Ors. v. State of Haryana & Ors.

Case brief

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Balwan Singh & Ors. v. State of Haryana & Ors.

Case brief

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