High Court of Punjab and HaryanaCWP/1287/2015disposed of

Gajraj And ANR v. State Of Haryana & ORS

2015-07-09Mr. Justice Surinder Gupta,Mr. Justice Fateh Deep Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 9.7.2015 Gajraj and another ....Petitioners.

Versus

State of Haryana and others

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.

HON'BLE MRS. JUSTICE REKHA MITTAL.

PRESENT: Mr. Sanjay Mittal, Advocate for the petitioners. Ms. Palika Monga, Deputy Advocate General, Haryana. AJAY KUMAR MITTAL, J.

In this petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of certiorari for quashing the notifications dated 17.9.2004 (Annexure P-2) issued under Section 4 read with Section 17 of the Land Acquisition Act, 1894 (in short "the Act"), dated 27.10.2004 (Annexure P3) under Section 6 read with Section 17 of the Act and the award dated 9.3.2006 (Annexure P-4) qua their land, having lapsed, in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act").

The petitioners are owners in possession of the land measuring 8 kanals to the extent 90th share, i.e. 4 kanal 10 marlas,

-2situated in village Naharpur (Kasan), Tehsil and District Gurgaon. Government of Haryana issued a notification dated 17.9.2004 (Annexure P-2) under Section 4 read with Section 17(2) of the Act followed by notification dated 27.10.2004 (Annexure P-3) under Section 6 of the Act for acquisition of 956 acre 5 kanal 18 marlas including the land of the petitioners situated in villages Navada, Fatehpur, Naurangpur, Manesar, Lakhnula, Naharpur (Kasan) and Shikopur, Tehsil and District for the purpose of setting up of Chaudhary Devi Lal Industrial Model Township, Phase-V, Manesar, to be planned and developed as an integrated complex for industrial institution, commercial, recreational and other public utilities. The petitioners filed objections under Section 5-A of the Act. The award was passed on 9.3.2006 (Annexure P-4). They are still in physical possession of the land in question. No compensation has been paid to them. According to the petitioners, the acquisition proceedings have lapsed in view of Section 24(2) of the 2013 Act. Hence, the present writ petition.

Learned counsel for the petitioners submitted that the petitioners are in physical possession of the land in dispute and compensation has not been paid to them. It was claimed that in such circumstances, in view of Section 24(2) of the 2013 Act, the notifications under Sections 4 and 6 of the Act had lapsed. It was further submitted that since no demand notice claiming the relief as claimed in respect of lapse of notifications has been filed with the respondents, liberty be granted to the petitioners to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition, however, direction be issued to the authority concerned to decide the representation

-3expeditiously in a time bound manner in accordance with law. 4.

After hearing learned counsel for the parties, 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 them 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 claim 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.