Rekha v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.18252 of 2024 Date of Decision: 02.08.2024 Rekha .....Petitioner.

Versus

State of Haryana and others .....Respondents.

CORAM:

HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Ramesh Hooda, Advocate for the petitioner.

G.S. SANDHAWALIA, J.(Oral) Prayer in the present writ petition filed under Article 226/227 of the Constitution of India is for quashing the impugned notification dated 24.12.2007 (Annexure P-1) issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and the notification dated 23.12.2008 (Annexure P-2) issued under Section 6 of the Act qua the land of the petitioner.

2.

The petitioner is the subsequent purchaser after issuance of the notification (Annexure P-1) under Section 4 of the Act as she had purchased the property vide sale deed dated 26.02.2009 (Annexure P-3). In these circumstances, we are of the considered opinion that the petition as such seeking release of the land is not maintainable in view of the settled YAG DUTT 2024.08.05 17:43 I attest to the accuracy and authenticity of this order/judgment

CWP No.18252 of 2024 -2proposition of law that after the notification under Section 4 of the Act having been issued on 24.12.2007, anybody, who purchases the land, that is his own risk. Reference in this regard can be made to the law laid down by Hon'ble Supreme Court in Shiv Kumar and another Versus Union of India and others, 2020(1) RCR (Civil) 82. Thus, we do not find it a fit case to issue notice of motion.

3.

Resultantly, the present writ petition is dismissed in limine. (G.S. SANDHAWALIA) JUDGE (MEENAKSHI I. MEHTA) August 02, 2024 JUDGE Yag Dutt Whether speaking/reasoned: Yes Whether Reportable:

No YAG DUTT 2024.08.05 17:43 I attest to the accuracy and authenticity of this order/judgment