Mohinder Singh vs State of Haryana - 2023 Supreme(P&H) 172

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 172

SURESHWAR THAKUR, KULDEEP TIWARI
Mohinder Singh – Appellant
Versus
State of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Akshay Bhan, Jivesh Malik, Harsh Vasu Gupta, Abhijeet Rawlry.
For the Respondents: Ankur Mittal, Saurabh Mago, Kamal Sharma, Raja Sharma.

JUDGMENT :

SURESHWAR THAKUR, J.

1. Through the instant petition, the petitioners challenge the validity of a notification, as became issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter for short called as the ‘Act of 1894’). Moreover, the petitioners also make a challenge to the validity of issuance of a notification under Section 6 of the ‘Act of 1894’.

2. The above notifications became respectively issued on 27.08.1987 (Annexure P-1) and on 22.08.1988 (Annexure P-5) and the consequent thereto award became passed on 20.03.1989.

3. Significantly, interim directions were passed in the instant writ petition by this Court on 04.11.1993, thus staying dispossession of the petitioners and the said directions were made absolute, through an order made by this Court on 13.12.1993.

4. Through a decision made on 23.11.2007, the writ petition (supra) was disposed of with certain directions. The relevant portion of the same is extracted hereinafter:

“..... Since the petitioners have no objection to the acquisition of the land covered by the public utilities mentioned above, the application for vacation of stay i.e. C.M. No. 13172 of 2007 is allowed and stay in respect of the acquire