Karam Singh v. State Of Haryana & Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23213-2017 (O&M) Date of decision:- 10.10.2017 Karam Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:- Mr. Harinder Pal Singh Ishar, Advocate, for the petitioner.

* * * * S.J. VAZIFDAR, C.J. (ORAL) The petitioner has challenged a notice dated 07.09.2017 calling upon the petitioner to show cause why the plot allotted to him ought not to be resumed on account of the petitioner having failed to pay an amount of about
43.73 lacs.

2.

There is no warrant for interfering with the show cause notice at this stage. The petitioner ought to contest the show cause notice in the first instance. The respondents shall no doubt grant the petitioner an opportunity of being heard. The petitioner shall be entitled to take all the contentions in answer to the show cause notice including his claim that he is entitled to compel HUDA to adjust the amounts due and payable by HUDA to him pursuant to proceedings under Section 18 of the Land Acquisition Act, 1894 (in short the Act). The position regarding those proceedings and the effect of any orders passed therein would also have to be considered by the authorities. Amodh Sharma 2017.10.11 11:42 I attest to the accuracy and integrity of this document Chandigarh

CWP-23213-2017 (O&M) The petitioner shall be entitled to file his reply to the show cause notice by 25.10.2017.

3.

As far as the prayer for releasing the amounts due to the petitioner under Section 18 of the Act is concerned, the petitioner ought to execute the decree, if any, in his favour. 4.

The writ petition is accordingly disposed of. (S.J. VAZIFDAR) CHIEF JUSTICE (HARINDER SINGH SIDHU) JUDGE 10.10.2017 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No
Amodh Sharma 2017.10.11 11:42 I attest to the accuracy and integrity of this document Chandigarh