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High Court of Punjab and HaryanaCWP/22061/2014dismissed

Bijender Singh & ORS v. State Of Haryana & ORS

2015-05-11Mr. Justice Surinder Gupta,Mr. Justice Fateh Deep Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 22061 of 2014 Decided on : 11.05.2015 Bijender Singh and others . . . Petitioners

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE REKHA MITTAL PRESENT: Mr. Sanjiv Bansal, Advocate for the petitioners.

Mr. Sudeep Mahajan, Addl. AG, Haryana.

Mr. Deepak Balyan, Advocate for HUDA.

**** AJAY KUMAR MITTAL, J. (Oral) The petitioners through the present writ petition filed under Articles 226/227 of the Constitution of India, are seeking a writ in the nature of Certiorari, for quashing the acquisition proceedings initiated vide notification issued under Section 4, dated 30.01.1989 (Annexure P-2) of the Land Acquisition Act, 1894 (for brevity 'the Act of 1894') and notification dated 25.01.1990 (Annexure P-3), issued under Section 6 of the Act, followed by award dated 18.07.2011 (Annexure P-7), with respect to the land measuring 7 Bighas & 18 Biswa, in view of the provisions under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act of 2013').

2.

After arguing for sometime, when the Bench was not agreeing with the learned counsel for the petitioners in view of the fact that the award JAWALA RAM 2015.05.13 10:42 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 22061 of 2014 - 2 - was announced on 18.07.2011 (Annexure P-7) and therefore, the provisions of Section 24(2) of the Act of 2013, were not attracted, learned counsel for the petitioners submits that he may be allowed to withdraw the instant writ petition with liberty to the petitioners to challenge the award dated 18.07.2011 (Annexure P-7) as under Section 11A of the Act, 1894, the award was announced beyond the period prescribed thereunder. 3.

Dismissed as withdrawn. It shall, however, be open to the petitioners to take recourse to the remedies available to them, if any, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (REKHA MITTAL) May 11, 2015 JUDGE J.Ram JAWALA RAM 2015.05.13 10:42 I attest to the accuracy and authenticity of this document Chandigarh