In a writ petition regarding disputed land acquisition compensation, the Court deferred the determination of shares to the reference authority rather than deciding the matter itself.
Petitioners directed to approach the Land Acquisition Collector for determination of shares.
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 & HARYANA AT CHANDIGARH
Civil Writ Petition No.23176 of 2016. Date of Decision: November 09, 2016
Nakul and others
......Petitioners
versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE SUDIP AHLUWALIA.
*******
Present: Mr.Harkesh Manuja, Advocate, for the petitioners.
-.-
Surya Kant, J . (Oral)
The land of village Khandsa, Tehsil and Distrit Gurgaon was acquired vide notifications dated 14.02.2007 and 15.02.2007 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 and Award was passed on 12.02.2009. As there came out multiple claimants asserting themselves to be co-sharers in the land, the Land Acquisition Collector has rightly deposited the compensation amount with the Reference Court. The compensation amount cannot be disbursed unless the shares are determined.
We are not sure whether the Gram Panchayat has also staked its claim qua the subject land and if so, this order surely shall not affect the right of the Gram Panchayat. In this view of the matter, let the petitioners approach the appropriate forum for determination of their shares.
Learned counsel for the petitioners submits that such a petition is maintainable before the Land Acquisition Collector under Section 11 of Mohinder Kumar Kamboj 2016.12.15 11:53 the Land Acquisition Act, 1894. If that is so, let the petitioners file the I attest to the accuracy and integrity of this document Chandigarh
[2]
CWP No.23176 of 2016
petition which shall be decided by the Prescribed Authority in accordance with law as early as possible but not later than four months from the date of
its institution.
Ordered accordingly.
Dasti.
[SURYA KANT] JUDGE
November 09, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No
Mohinder Kumar Kamboj 2016.12.15 11:53 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether the compensation pending on account of multiple claimants should be decided by the High Court or deferred to the Land Acquisition Collector.
Whether the cultivators or the Gram Panchayat have the right to claim shares in the acquired land.
2 provisions across 1 enactments
Nakul and others
State of Haryana and others
Surya Kant
Sudip Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
