Nand Kishore And Others v. State Of Haryana And Others

CWP No. 3734 of 2024 -1- 2024:PHHC:049985-DB In the High Court of Punjab and Haryana at Chandigarh (112) CWP No. 3734 of 2024 Date of Decision: 15.4.2024 Nand Kishor 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. Chander Shekhar Singhal, Advocate for the petitioners.

Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana. **** SURESHWAR THAKUR , J. (ORAL) 1.

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.

2.

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. 3.

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

CWP No. 3734 of 2024 -2- 2024:PHHC:049985-DB became earlier determined, and, also became released in their favour. 4.

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. 5.

Therefore, finding no merit in the instant petition, the same is hereby dismissed.

6.

Pending application(s), if any, is/are also disposed of. (SURESHWAR THAKUR) JUDGE (LALIT BATRA) JUDGE April 15, 2024 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Gurpreet Singh 2024.04.18 16:12 I attest to the accuracy and integrity of this document Chandigarh