Mahavir Singh And ORS v. State Of Haryana & ORS

CWP-927-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-927-2018 Date of Decision: October 09, 2018 Mahavir Singh and others .....Petitioners

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr.Man Mohan, Advocate for the petitioners.

Mr.Ankur Mittal, Addl.A.G.Haryana with Mr.Manoj Dhankhar, AAG, Haryana.

........

RAJESH BINDAL, J.

Challenge in the present petition is to the acquisition of land owned by the petitioners. The notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 were issued on 24.12.2007 (Annexure P-9) and 10.07.2008 (Annexure P-10), respectively. The Award was announced by the Land Acquisition Collector on 16.09.2011 (Annexure P-11). The present writ petition was filed more than six years thereafter challenging the acquisition raising the plea that the same has elapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "2013 Act"). The plea was not available to the petitioners as award was not announced more than five years prior to the date of coming into force of the MEENU 2018.10.15 14:49 I attest to the accuracy and authenticity of this document chandigarh

CWP-927-2018 -22013 Act. Even if the case is considered on merits, the challenge to the acquisition having been made more than six years after the award was announced by the Collector, the same being delayed deserves to be dismissed on that count.

Dismissed.

( RAJESH BINDAL ) JUDGE October 09, 2018 ( AMIT RAWAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2018.10.15 14:49 I attest to the accuracy and authenticity of this document chandigarh