Landowners challenged rejection of their representation claiming lapse of land acquisition under Section 24(2) RFCTLARR Act. Having received compensation from the Collector, Reference Court and High Court, plus an allotted plot, they were estopped; writ petition dismissed.
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CWP No. 32826 of 2018
-12024:PHHC:053816-DB
In the High Court of Punjab and Haryana at Chandigarh
(110) CWP No.32826 of 2018(O&M) Date of Decision: 22.04.2024
Mahender Saini and others .....Petitioners
Versus
State of Haryana and others ....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR HON'BLE MR. JUSTICE LALIT BATRA
Present: Mr. Divyam Singh, Advocate for Mr. Vikram Singh, Advocate for the petitioners.
Mr. Ankur Mittal, Additional A.G. Haryana with Mr. Saurabh Mago, DAG, Haryana.
Mr. Ankur Mittal, Advocate, Ms. Kushaldeep K. Manchanda, Advocate and Mr. Shivam Garg, Advocate for respondent No.2.
SURESHWAR THAKUR, J. (ORAL)
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referred to as ‘the Act of 2013’).
“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 granting liberty to the petitioners to file a detailed and comprehensive representation raising all the pleas as raised in the present writ petition before the appropriate authority. It is directed that in the event of a representation being filed by the petitioners within a period of two months from today, the same shall be decided in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of four months from the date of receipt of representation. The petitioners shall be entitled to lead any evidence to substantiate their claims before the concerned authority. Till the matter is decided by the said authority, status quo shall be maintained by the parties. It is, however, made clear that in case no such representation is filed within the stipulated period as noticed above, the interim order shall cease to operate, thereafter.”
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the appropriate authority, including therein all the reliefs supra, as became raised in the writ petition supra. Moreover, the appropriate authority was directed to, on receiving the said representation, thus make a decision thereons in accordance with law but after affording an opportunity of hearing to the petitioners. The said decision was directed to be made within a period of four months from the date of receipt of representation.
“4. The status of compensation is as follows:-
(i) As regard, the status of overall compensation of acquired land at IMT-Faridabad is concerned, approximately 1784 acres land involving 2614 land owners was acquired, out of which 84% land owners have already lifted the compensation amount. (ii) All the applicants have equal share in the total acquired land measuring 27 K- 3M. The compensation of the land measuring 26K-2M @ 16.00 lakh per Acre was paid to the applicants father to the tune of Rs.80,25,071/- vide Cheque no.536133 dated 20.8.2008 and the compensation of land measuring 1K-1M amounting to Rs.3,22,848/- has been
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deposited in the ADJ Court vide Cheque no.631258 dated 22.11.2011, which was also lifted by the father of the applicants.
(iii). Further, enhanced compensation from Rs.16.00 Lakh to Rs.26.00 lakh per acre also paid to the father of the applicants for land measuring 26K-2M to the tune of Rs.68,28,112/- vide Cheque no.631021 dated 6.12.2011. The enhanced compensation for land measuring 1K-1M of Rs.2,74,694/- was also lifted by the father of the applicants from the ADJ Court. (iv) 50% enhanced compensation of Ld. ADJ Court amounting to Rs.93,45,833/- for land measuring 26K-2M has been paid to the applicants vide Cheque No.125486 dated 20.12.2012.
(v) Rest of 50% enhanced compensation of Ld. ADJ Court amounting to Rs.87,37,101/- of land measuring 24K-8M was also paid to the applicants through RTGS. Further, the rest of amount to Rs.17,62,287/- for the rest of land measuring 1K-1M was also paid to the applicants. (vi) The enhanced compensation of Hon’ble High Court amounting to Rs.86,68,917/- for leand measuring 24K-8M was paid to the applicants through RTGS and the rest of the amount of Rs.3,69,993/- was also paid to the applicants through RTGS. (vii) Again, the compensation for land measuring 1K-14M amounting to Rs.3,20,664/- raised by the Ld. ADJ Court and Hon’ble High Court was also paid to the applicants.
(viii) The structures compensation amounting to Rs.10,35,760/-
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was also paid to the father of the applicants vide Cheque no.231211 dated 17.5.2012.
The father of the applicants has already been allotted a 14 marla plot bearing plot no.199 in zone-4, sector -69, IMT- Faridabad under R&R Policy. Accordingly, 10% amount of the tentative price of the plot i.e. Rs.3,52,604/- was deposited by father of the applicants on 24.12.2013. Further, Letter of Intent for the plot issued to the father of the applcants on 21.07.2016. Again, the father of the applicants also deposited the 15% of the cost of the plot i.e. 4,60,636/- on 03.12.2016. Accordingly, RLA of the plot also issued on 30.12.2016.
In view of the discussion above, the committee is of the view that the applicants cannot claim lapse of proceedings in terms of the provisions of section 24(2) of RFCT LARR Act, 2013. Further, the issue pertaining to interpretation of section 24(2) of new act is already sub-judice before the Hon’ble Apex Court in civil appeal no.4835 of 2015 titled as Maharana Pratap Charitable Trust v/s State of Haryana. Accordingly, the committee recommends that the plea of the applicants may be rejected being devoid of any merit.
The State Government (in Industries Department) approved the recommendations of the committee and is of the view that no relief can be granted to the subject petitioner u/s 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and
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hence the request for release of land in terms of section 24(2) is hereby rejected.”
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inasmuch as a plot measuring 14 marlas stands allotted to the present petitioners. Consequently, with the petitioners becoming recipients of all the above benefits, therebys when they acquiesce to the valid launchings of the acquisition proceedings, resultantly, thereby they are, at this stage, completely estopped from challenging the said launched acquisition proceedings.
(SURESHWAR THAKUR) JUDGE
(LALIT BATRA) JUDGE April 22, 2024 d.gulati Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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1 issue framed by the court
Whether landowners who received full compensation and R&R benefits are estopped from seeking lapse of acquisition under Section 24(2) of the 2013 Act.
Colour shows how this judgement treated each authority
Maharana Pratap Charitable Trust v/s State of HaryanaReferred
civil appeal no.4835 of 2015 titled as Maharana Pratap Charitable Trust v/s State of Haryana
3 provisions across 2 enactments
Mahender Saini and others
State of Haryana
Sureshwar Thakur
Lalit Batra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
