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2003 Supreme(SC) 1058

S.N.VARIAVA, H.K.SEMA
Haryana State Handloom And Handicrafts Corporation LTD. – Appellant
Versus
Jain School Society – Respondent


JUDGMENT

S.N. Variava, J.-This Appeal is against a Judgment of the Punjab and Haryana High Court dated 21st March, 2001.

2. On 29th October, 1976 a Notification under Section 4 read with Section 17 of the Land Acquisition Act was issued. An award came to be passed on 30th September, 1977. Possession of the land was taken and the land vested in the Government on 5th June, 1980.

3. The Respondents filed a reference under Section 18 of the Land Acquisition Act for enhancement of the compensation. They thereafter also filed an appeal in the High Court against the Judgment of the Reference Court.

4. On 2nd February, 1999 the Respondents filed a Writ Petition challenging the acquisition on the ground that the urgency clause could not have been invoked. This Writ Petition has been allowed by the impugned judgment.

5. It was submitted that the order of the High Court was just and equitable. It was submitted that the Respondents had patiently waited for all these years in order to see whether the land was put to use for the purpose for which it was acquired. It was submitted that merely because the Respondents had given, the State and the acquiring body, time to put the land to use for the purpo











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