High Court of Punjab and HaryanaCWP/20796/2018disposed of

Sushil Kumar And ANR v. State Of Haryana And ORS

2018-08-20Mr. Justice Ajay Kumar Mittal,Dr. Justice S. Muralidhar2 pages

CWP-20796-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20796-2018 Date of Decision: August 20, 2018 Sushil Kumar and another .....Petitioners

Versus

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

Present:

Mr.Sandeep Sharma, Advocate for the petitioners. ........

SURYA KANT, J.(ORAL) The petitioners have been served with a show cause notice (P10) by the Estate Officer-I, HUDA, Gurugram to vacate the premises/land which allegedly belongs to HUDA. The petitioners in their reply dated 12.07.2018 have taken the stand that the acquisition of their land stands lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is further averred that residential house at the site is liable to be exempted from acquisition as per Government Policy. Apprehending demolition of the residential house, the petitioners have filed the instant writ petition. It is not in dispute that the question of applicability of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is sub-judice before the Hon'ble Supreme Court in SLP (C) cc 8453 of 2017 ( State of Haryana MEENU 2018.08.29 13:24 I attest to the accuracy and authenticity of this document chandigarh

CWP-20796-2018 -2and others versus M/s G.D.Goenka Tourism Corporation Limited and another). Till the said controversy is decided, it appears that both the parties are required to maintain status-quo re: demolition of the existing structures. However, instead of expressing any views on merits, the writ petition is disposed of with a direction to the Estate Officer-I, HUDA, Gurugram to consider the reply submitted by the petitioners and pass a reasoned order in accordance with law and maintain status-quo re:demolition till such time. Dasti.

( SURYA KANT ) JUDGE August 20, 2018 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2018.08.29 13:24 I attest to the accuracy and authenticity of this document chandigarh