Surinder Kumar Gupta v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 10743 of 2015 Decided on : 26.05.2015 Surender Kumar Gupta . . . Petitioner

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE REKHA MITTAL PRESENT: Mr. Manoj K. Singh, Advocate, Mr. Vijay Singh, Advocate and Ms. Madhu Dayal, Advocate for the petitioner.

**** AJAY KUMAR MITTAL, J. (Oral) The challenge in this writ petition filed under Articles 226/227 of the Constitution of India is to the order dated 31.01.2015 (Annexure P11), passed by respondent No.2 and further quashing of notification dated 07.05.2007 (Annexure P-1), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act of 1894'), followed by notification dated 09.01.2008 (Annexure P-2) issued under Section 6 of the Act and award No.5 of 2009, dated 31.07.2009 (Annexure P-5), announced by respondent No.4, whereby, the land of the petitioner was sought to be acquired. Release of the land has been claimed in view of provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act of 2013') as according to learned counsel, the acquisition proceedings have lapsed. 2.

After arguing for sometime, learned counsel for the petitioner states that he may be allowed to withdraw the instant writ petition with JAWALA RAM 2015.05.30 11:56 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 10743 of 2015 - 2 - liberty to the petitioner to file a fresh writ petition on the same cause of action by furnishing better particulars including laying challenge to the vires of the provisions of Section 24(2) of the Act of 2013. 3.

Dismissed as withdrawn with liberty as prayed for. (AJAY KUMAR MITTAL) JUDGE (REKHA MITTAL) May 26, 2015 JUDGE J.Ram JAWALA RAM 2015.05.30 11:56 I attest to the accuracy and authenticity of this document Chandigarh