Sangita & ANR. v. State Of Haryana & Oth.

CWP-22338-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22338-2016 Date of Decision: October 25, 2016 Smt.Sangita and another .....Appellant

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No 3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No 4.

To be referred to the Reporters or not?

Yes/No 5.

Whether the judgment should be reported in the Digest? Yes/No.

.......

Present:

Mr.Chanderhas Yadav, Advocate for the appellants.

........

SURYA KANT, J.

The petitioners are claimed to have purchased small residential plots measuring 100 sq.yds. by way of sale-deeds executed as late as on 14.10.2001 and 06.05.2016. They claim that the purchased land had been released from the acquisition carried out vide notification dated 10.04.2003 issued under Section 6 of the Land Acquisition Act, 1894 (for brevity,`the 1894 Act') for the development of a Sector in the Urban Estate at Bahadurgarh, District Jhajjar. It is alleged that even when the subject land, where the petitioners have purchased plots, is not part of the acquired land, the Authorities have demolished the structures and are adamant to take possession of the site.

We have heard learned counsel for the petitioners. Meenu 2016.11.10 11:51 I attest to the accuracy and authenticity of this document chandigarh Since the factual issue as to whether the land in dispute was

CWP-22338-2016 -2acquired or not can be effectively determined by the Land Acquisition Collector on verification of the revenue record and the notifications issued under Sections 4 and 6 of the 1894 Act, coupled with the Award passed pursuant thereto, we dispose of this writ petition without expressing any views on merit with a direction to respondent No.4- Land Acquisition Collector to determine the above-stated claim of the petitioners by way of a reasoned order within a period of two months from the date of receipt of certified copy of this order.

( SURYA KANT ) JUDGE October 25, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE Meenu 2016.11.10 11:51 I attest to the accuracy and authenticity of this document chandigarh