Rohtash & ORS v. State Of Haryana & ORS

CWP No.8674 of 2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8674 of 2017 (O&M) Date of decision: 30.10.2017 Rohtash & ors.

.. Petitioners vs State of Haryana & ors.

.. Respondents Coram:

Hon'ble Mr. Justice Rajesh Bindal Hon'ble Mr. Justice Gurvinder Singh Gill

Present:

Mr. Rajesh Goyal, Advocate for the petitioners.

Mr. Ankur Mittal, Addl. AG, Haryana with Mr. Manoj Dhankhar, AAG, Haryana and Mr. Shivendra Swaroop, AAG, Haryana.

**** Rajesh Bindal, J.

The petitioners herein have approached this Court claiming that acquisition of land in question has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity, 'the 2013 Act') as neither the compensation for the acquired land has been paid nor the physical possession of the acquired land has been taken. Learned counsel for the State pointed out that provisions of Section 24(2) of the 2013 Act cannot be invoked in the present case as the award was announced by the Land Acquisition Collector on 30.09.2009 and period of five years has not lapsed when the 2013 Act came into force. After hearing learned counsel for the parties and considering the fact that the provisions of Section 24(2) of the 2013 Act can be invoked only where award had been passed more than five years before the Sonia Bura 2017.11.06 12:22 I attest to the accuracy and integrity of this document chandigarh

CWP No.8674 of 2017 -2enactment of the 2013 Act i.e. on 01.01.2014 and in the present case award having been announced on 30.09.2009, the claim made in the present petition is misconceived.

Accordingly, the present writ petition is dismissed. ( Rajesh Bindal ) Judge 30.10.2017 (Gurvinder Singh Gill) sonia Judge Whether speaking/ reasoned?

Yes Whether Reportable Yes/No Sonia Bura 2017.11.06 12:22 I attest to the accuracy and integrity of this document chandigarh