Vaishnavi Promoters & Builders v. State Of Haryana & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27560-2015 (O&M) Date of Decision: December 02, 2016 Vaishnavi Promoters and Builders .....Petitioner

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE HARI PAL VERMA 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 .......

Present:

Mr.Ajay Jain, Advocate for the petitioner.

Ms.Palika Monga, DAG, Haryana.

........

SURYA KANT, J.

There are seriously disputed questions of facts involved in this petition especially with regard to delivery of physical possession of the acquired land. These questions cannot be determined by this Court. Symbolic possession taken at the time of passing of the Award cannot be treated at par with the actual physical possession of the acquired property. The question as to whether the petitioner continued to retain physical possession of the acquired land till his writ petition/SLP was dismissed, can be effectively determined by the appropriate Forum on consideration of documentary and oral evidence.

In this view of the matter, we dismiss this writ petition and relegate the petitioner to alternative remedy. ( SURYA KANT ) JUDGE December 02, 2016 ( HARI PAL VERMA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2016.12.07 14:19 I attest to the accuracy and authenticity of this document chandigarh