Devki Nandan & ORS v. State Of Haryana And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.

Date of Decision: November 21, 2016 Devki Nandan and others .....Petitioners

Versus

State of Haryana and others ......Respondents 2.

CWP-24043-2016 Ramautar and others .....Petitioners

Versus

State of Haryana and others ......Respondents 3.

CWP-24044-2016 Vinod and others .....Petitioners

Versus

State of Haryana and others ......Respondents 4.

CWP-24045-2016 Ram Kumar .....Petitioner

Versus

State of Haryana and others ......Respondents 5.

CWP-24046-2016 Bhudev .....Petitioner

Versus

State of Haryana and others ......Respondents and 6.

CWP-24047-2016 Yad Ram .....Petitioner

Versus

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

To be referred to the Reporters or not?

Yes/No 2.

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

3.

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

-2Present:

Mr.S.K.Yadav, Advocate for the petitioners ........

SURYA KANT, J.

This order shall dispose of the above captioned writ petitions in which petitioners seek a writ of mandamus to direct the Land Acquisition Collector, Narnaul (respondent No.3 in all the petitions) to send References said to have been filed under Section 18 of the Land Acquisition Act, 1894, (since repealed) to the Court of learned District Judge for adjudication on merits.

[2] Notice of motion.

[3] On our asking, Ms.Palika Monga, DAG, Haryana, who is present in Court, accepts notice on behalf of all the respondents. Let four sets of paper-book be handed over to her during the course of the day. [4] In view of the order which we propose to pass, there is no necessity to seek any reply-affidavit from the respondents at this stage. [5] Heard learned counsel for the parties.

[6] Land of the petitioners was acquired vide Award dated 22.03.2012. They being dis-satisfied with the compensation, are said to have filed References under Section 18 of the repealed Act. It is alleged that the Land Acquisition Collector has not forwarded their References due to which they are suffering irreparable loss as the just and fair compensation amount is yet to be determined by the Court of competent jurisdiction. [7] Having regard to the fact that the References are said to be pending before the Land Acquisition Collector for the last more than four years, we dispose of these writ petitions without going into merits with a direction to respondent No.3-Land Acquisition Collector to verify the record

-3and if the References filed by the petitioners are still pending in his Office, let the same be forwarded to the learned District Judge within a period of two months from the date of receipt of a certified copy of this order. ( SURYA KANT ) JUDGE November 21, 2016 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No