Ansal Properties & Infrast. Ltd. vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(SC) 1267

KURIAN JOSEPH, R.BANUMATHI
Ansal Properties & Infrast. Ltd. – Appellant
Versus
State of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Chinmayee Chandra, Mr. Vikas Agarwal, Mr. Vinay Arora, Mr. Sanjay Jain
For the Respondents: Mr. Tushar Mehta, Mr. Anil Grover, Mr. Ajay Bansal, Mr. Sanjay Kumar Visen, Mr. Gaurav Yadava, Mr. Satish Kumar, Mr. Ugra Shankar Prasad

JUDGMENT :

Kurian, J.

1. Leave granted.

2. The issue pertains to the land acquisition proceedings initiated by the respondent-State. During the pendency of the proceedings before this Court, in view of the introduction of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, “2013 Act”), the question arose as to whether the acquisition proceedings have lapsed or not.

3. On the admitted position that the compensation has not been paid to the owners, in view of the settled position, this Court has to give a declaration that the proceedings have lapsed. Ordered accordingly.

4. Now that the entire acquired land has been used by the State, the only option available to them is to initiate fresh proceedings under the 2013 Act within six months from today.

5. We make it clear that in case no steps are taken for acquisition under the 2013 Act, the respondent-State shall not lay any claim in respect of the land in dispute.

6. With the above observations and directions, this appeal is disposed of.

No costs.

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