M/S Shakumbra Spinners & Others v. State Of Haryana & Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.24963 of 2016.

Date of Decision: December 02, 2016 M/s Shakumbra Spinners and others ......Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE HARI PAL VERMA.

*** Present: Mr.Ashwani Talwar, Advocate, for the petitioners. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) After arguing the case for some time, learned counsel for the petitioners seeks to withdraw this writ petition with liberty to submit a comprehensive representation to the State Government for the release of their land as according to the petitioners alternative land is available for the public purpose for which their land has been acquired.

Though the petitioners did not file objections under Section 5-A of the Land Acquisition Act, 1894 and have chosen to approach the Court after passing of the Award, we have no reason to doubt that their claim, namely, release of the acquired land, keeping in view the fact that 'Change of Land Use' permission was stately granted way back in the year 2007 and a functional industry is existing at the site, shall be considered by the Competent Authority on merits and in accordance with law. If the representation is made within one month, it shall be appreciated if the Mohinder Kumar Kamboj 2017.01.

CWP No.24963 of 2016 [2] Competent Authority takes a decision within a period of three months thereafter.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE December 02, 2016 [HARI PAL VERMA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2017.01.09 11:41 I attest to the accuracy and integrity of this document Chandigarh