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High Court of Punjab and HaryanaCWP/14190/2015disposed of

Murlidhar v. Principal Secretary To Govt. Of Haryana, Industries & Commerce Deptt. And ORS.

2015-07-17Mr. Justice Surinder Gupta,Mr. Justice Fateh Deep Singh3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 17.7.2015 Murlidhar ....Petitioner.

Versus

Principal Secretary to Government of Haryana and others

...Respondents.

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

HON'BLE MRS. JUSTICE REKHA MITTAL.

PRESENT: Mr. Harsh Bunger, Advocate for the petitioner. AJAY KUMAR MITTAL, J.

1.

By way of instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus seeking declaration to the effect that the acquisition proceedings initiated vide notifications dated 15.11.2002 (Annexure P-2) issued under Section 4 of the Land Acquisition Act, 1894 (in short "the Act"), dated 12.11.2003 (Annexure P-3) under Section 6 of the Act along with all subsequent proceedings including the award dated 18.11.2005 (Annexure P-6) qua his land situated within the revenue estate of village Khandsa, Tehsil and District Gurgaon, shall be deemed to have 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") 2.

The petitioner is owner in possession of the land measuring

-28 biswa 10 biswansi situated within the revenue estate of village Khandsa, Tehsil and District Gurgaon. Government of Haryana vide notification dated 15.11.2002 (Annexure P-2) issued under Section 4 of the Act followed by notification dated 12.11.2003 (Annexure P-3) under Section 6 of the Act, acquired the land including the land of the petitioner for the development of integrated complex for industrial, institutional, commercial, recreational and other public utilities. The petitioner challenged the said notification by filing CWP No. 19737 of 2005 which was dismissed by this Court vide order dated 13.10.2006 (Annexure P4). The award was passed on 18.11.2005 (Annexure P-6). The petitioner was issued a notice dated 2.4.2008 (Annexure P-5) for hearing on 24.4.2008 at 10.00 AM. Thereafter, the structure award was passed on 24.4.2008. The petitioner is still in physical possession of the land in question. No compensation has been paid to him. According to the petitioner, the acquisition proceedings have lapsed in view of Section 24

(2) of the 2013 Act. Hence, the present writ petition. 3.

Learned counsel for the petitioner submitted that the petitioner is still in physical possession of the land in question and compensation has not been paid to him. 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 petitioner 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 petitioner, 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 petitioner 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 petitioner 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 petitioner within a period of four months from the date of receipt of representation. The petitioner shall be entitled to lead any evidence to substantiate his 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.