HEMANT GUPTA, G.S.SANDHAWALIA, KULDIP SINGH
Maharana Pratap Charitable Trust – Appellant
Versus
State of Haryana – Respondent
Mr. Hemant Gupta, J.: - In CWP No. 6860 of 2007, the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act”), is the subject matter of opinion of this Bench consequent to an order dated 10.7.2014 passed by the Division Bench, of which one of us (Hemant Gupta, J.) was a member so as to examine whether the order of the Hon”ble Supreme Court in Union of India v. Shiv Raj & Others, (2014)6 SCC 564, would be applicable to the cases where there is an interim order passed by the Court. In other words, whether the period of stay granted by a Court is required to be excluded for determining the period of five years for lapsing of proceedings initiated under the Land Acquisition Act, 1894 (for short ‘the Old Act”).
2. The said questions arise out of the fact that the present writ petition was filed challenging the Notifications under Sections 4 and 6 dated 21.3.2006 and 20.3.2007 of the old Act. In the writ petition, an order of stay of dispossession was granted on 8.5.2007. The said order continues till today.
3. Subsequently, another question “Whether the benefit of Section
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