Om Parkash And Others v. State Of Haryana And ORS

-1CWP-14596 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-14596 of 2018 Date of Decision: 07.05.2022 Om Parkash and others

...Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MR. JUSTICE ASHOK KUMAR VERMA Present:- Ms. Anita Balyan, Advocate, for the petitioners.

Mr. Saurabh Mago, AAG, Haryana.

RITU BAHRI, J. (ORAL) Petitioners are seeking quashing of notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 30.06.2011 (Annexure P-2), declaration under Section 6 of the Act dated 29.06.2012 (Annexure P-4) and award dated 09.02.2016 (Annexure P-8) passed by the Land Acquisition Collector, Urban Estate, Rohtak, on the ground that no compensation has been deposited even after expiry of two years of passing of the award.

On notice of this petition, written statement has been filed by the Land Acquisition Collector, Urban Estates Department, Rohtak, Haryana, on 08.02.2019 wherein in para 6 of the preliminary submissions it is stated that Government has given the compensation amount to 607 landowners amounting to `154,71,35,703/- with interest till the date of RAVINDER SINGH 2022.05.10 10:39 I attest to the accuracy and integrity of this document

-2CWP-14596 of 2018 realization @ 9% for 1st year and for further period 15% as per Section 34 of the Act till date. As per the planning received from the District Town Planner, Rohtak, the land of the petitioners affects the planning of High School Site, Nursery School Site, 60 metres wide green belt including 12 metres service road and plots area.

The precise grievance of the petitioner in this writ petition was that acquisition proceedings be quashed on the ground that the compensation has not been disbursed after expiry of two years of pronouncement of the award. Since as per reply dated 08.02.2019 compensation has already been deposited, it was for the petitioners to approach the Land Acquisition Collector to get their compensation released. Three years have elapsed and no replication has been filed. This writ petition is being disposed of with liberty to the petitioners to approach the Land Acquisition Collector and make appropriate application for the release of compensation.

(Ritu Bahri) Judge (Ashok Kumar Verma) May 07, 2022 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2022.05.10 10:39 I attest to the accuracy and integrity of this document