Dismissed

Nand Kishore and Others v. State of Haryana and Others

Punjab & Haryana HC15 Apr 2024CWP/3734/2024

Case brief

AI extract

What is this about?

The respondents' prayer to release subject lands from acquisition was dismissed. The court held that the petitioners, having accepted the compensation award and sought enhancement, retain no right to challenge the acquisition process or seek release of similar lands.

What did the court decide?

The writ petition seeking release of subject lands from acquisition was dismissed.

Nand Kishore and Others Vs State of Haryana and… — Land Acquisition | Punjab & Haryana HC (2024)

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CWP No. 3734 of 2024

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-12024:PHHC:049985-DB

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In the High Court of Punjab and Haryana at Chandigarh

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(112) CWP No. 3734 of 2024 Date of Decision: 15.4.2024

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Nand Kishor 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 SURESHWAR THAKUR HON'BLE MR. JUSTICE LALIT BATRA

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Present: Mr. Chander Shekhar Singhal, Advocate for the petitioners.

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Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana.

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SURESHWAR THAKUR, J. (ORAL)

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The subject lands were acquired on 7.7.2011 through a notification issued under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act of 1894’). The said notification became succeeded by a declaration issued on 6.7.2012. Further, award in pursuance to the said made notifications was so made on 4.7.2014.

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Be that as it may, the present petitioners do not seek the quashing of the said notifications, nor also they seek the quashing of the award, rather they have proceeded to make a prayer before this Court, that the subject matter lands be released from acquisition on the ground, that the similarly situated land losers’ estates, thus became released from acquisition.

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However, the above made prayer is not amenable to become accepted by this Court. The reason for declining the writ prayer stems from the factum, that the learned State counsel, on instructions imparted to him, submits, that the present petitioners have not only taken the entire determined compensation, but have also raised an application before the learned Reference

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Gurpreet Singh 2024.04.18 16:12 Court, wherebys they have sought enhancement of the compensation, as I attest to the accuracy and integrity of this document Chandigarh

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CWP No. 3734 of 2024 -22024:PHHC:049985-DB

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became earlier determined, and, also became released in their favour.

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If so, after the acceptance of the award in the above manner by the present petitioners, they have no right, title and interest at all to make any prayer before this Court, that the subject lands be released from acquisitions.

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Therefore, finding no merit in the instant petition, the same is

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hereby dismissed.

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Pending application(s), if any, is/are also disposed of.

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(SURESHWAR THAKUR) JUDGE

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(LALIT BATRA) JUDGE

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April 15, 2024 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Gurpreet Singh 2024.04.18 16:12 I attest to the accuracy and integrity of this document Chandigarh

Nand Kishore and Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Nand Kishore and Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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