Bharpai And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 2790 of 2015 Decided on : 14.07.2015 Smt. Bharpai and others . . . Petitioners

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE REKHA MITTAL PRESENT: Mr. N.S. Panwar, Advocate for the petitioners.

Mr. Sudeep Mahajan, Addl. AG, Haryana.

Mr. Navdeep Kalair, Advocate for Mr. Jai Bhagwan, Advocate for respondent No.3 - HUDA.

**** AJAY KUMAR MITTAL, J. (Oral) The claim in this writ petition filed under Articles 226/227 of the Constitution of India, is for re-determination of the compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 'the Act of 2013') 2.

From the perusal of the writ petition, we find that the award in the present case was announced on 2nd March, 2006. In such a situation, in view of Section 24(1)(b) of the Act of 2013, the question of redetermination does not arise. Faced with this situation, learned counsel for the petitioners states that he be allowed to withdraw the instant writ petition with libety to the petitioners to file a fresh writ petition seeking benefit of JAWALA RAM 2015.07.20 16:47 I attest to the accuracy and authenticity of this document Chandigarh

CWP No. 2790 of 2015 - 2 - provisions of Section 24(2) of the Act of 2013, as in respect of the award having been announced on 2nd March, 2006, no compensation has been paid to the petitioners so far and possession of the said land is still with the petitioners.

3.

Dismissed as withdrawn. It shall, however, be open to the petitioners to claim benefit under the provisions of Section 24(2) of the Act of 2013, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (REKHA MITTAL) July 14, 2015 JUDGE J.Ram JAWALA RAM 2015.07.20 16:47 I attest to the accuracy and authenticity of this document Chandigarh