M/S Gabriel India Limited v. State Of Haryana & ORS

CWP No. 10949-2017 (O&M) -1209/97

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 10949-2017 (O&M) Date of Decision: 24th August, 2020 Gabriel India Ltd.

.......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: JUSTICE S.MURALIDHAR JUSTICE AVNEESH JHINGAN

Present:

Mrs. Peeyushi Diwan Jain, Advocate for the Petitioner. Mr. Ankur Mittal, Additional Advocate General, Haryana. **** Dr. S. Muralidhar, J.

1. In this writ petition, the prayer for declaration of deemed lapsing of land acquisition proceedings under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the 2013 Act') and/or for release of the land in question is required to be rejected in view of the judgment dated 6th March, 2020 of the Constitution Bench of the Supreme Court in Indore Development Authority v. Manohar Lal and others etc., AIR 2020 SC 1496.

2. Mrs. Peeyushi Diwan Jain, learned Counsel appearing for the Petitioner states that the Petitioner desires to invoke Section 101-A of 'the 2013 Act' which is a provision exclusive to the State of Haryana inserted therein by way of an amendment.

3. Accordingly the writ petition is dismissed, and the status quo order, if any, is GEETA RANI 2020.08.26 17:23 I attest to the accuracy and integrity of this document

CWP No. 10949-2017 (O&M) -2vacated. It is clarified that if the Petitioner makes a representation invoking S. 101-A of the 2013 Act, it will be for the Respondent authorities to examine it and pass an appropriate order in accordance with law. (S. MURALIDHAR) JUDGE (AVNEESH JHINGAN) 24th August, 2020 JUDGE geeta Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No GEETA RANI 2020.08.26 17:23 I attest to the accuracy and integrity of this document