Brafat v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.21973 of 2016.

Date of Decision: November 08, 2016 Brafat ......Petitioner versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Arun Singal, Advocate, for the petitioner. -.- Surya Kant, J . (Oral) The petitioner has laid challenge to Rule 4(2) of the Haryana Right to Fair Compensation and Transparency and Resettlement Rules, 2014 under the misconception that the said Rule runs contrary to Sr.No.2 of the First Schedule attached to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

We have heard learned counsel for the petitioner and gone through the provisions of the Rule.

Since the intention of the Rule appears to be to grant better compensation for the agricultural land abutting National Highways/State Highways or Mettled Roads and the Rule Making Authority has fixed the factor of 1.00(1) for which the First Schedule of the Act enables it to do so, we do not find any conflict between the Rule and the Statute. Dismissed.

[SURYA KANT] JUDGE November 08, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.11.23 14:16 I attest to the accuracy and integrity of this document Chandigarh