Shri Krishan Deceased & ORS v. State Of Haryana & ORS

CWP No. 757 of 2016 -1202/33

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 757 of 2016 (O&M) Date of Decision: 25th August, 2020 Shri Krishan (now deceased) through his LR and others .......Petitioners

Versus

State of Haryana and others ......Respondents CORAM: JUSTICE S. MURALIDHAR JUSTICE AVNEESH JHINGAN

Present:

Mr. Sanjay Verma, Advocate for the Petitioners. Mr. Ankur Mittal, Additional Advocate General, Haryana. **** Dr. S. Muralidhar, J.

1. In this writ petition, the prayer is for a declaration of deemed lapsing of land acquisition proceedings under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the 2013 Act') and/or for release of the land in question. The said prayers are required to be rejected in view of the judgment dated 6th March, 2020 of the Constitution Bench of the Supreme Court in Indore Development Authority v. Manohar Lal and others etc., AIR 2020 SC 1496.

2. Mr. Sanjay Verma, learned Counsel appearing for the Petitioners states that the Petitioners desire to invoke Section 101-A of 'the 2013 Act' which is a provision exclusive to the State of Haryana inserted therein by way of an amendment.

JITENDER KUMAR 2020.08.26 11:33 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 757 of 2016 -23. Accordingly the writ petition is dismissed, and the status quo order, if any, is vacated. It is clarified that if the Petitioners make a representation invoking S. 101-A of the 2013 Act, it will be for the Respondent authorities to examine it and pass an appropriate order in accordance with law. (S. MURALIDHAR) JUDGE (AVNEESH JHINGAN) 25th August, 2020 JUDGE jk Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No JITENDER KUMAR 2020.08.26 11:33 I attest to the accuracy and integrity of this document Chandigarh