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2022 Supreme(P&H) 1561

RAVI SHANKER JHA, ARUN PALLI
Onkar Singh – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Harsh Aggarwal, Advocate, for the Appellant; Mr. Ankur Mittal, Addl. Advocate General, Haryana with Mr. Saurabh Mago, Assistant Advocate General Haryana and Ms. Kushaldeep K. Manchanda, Advocate, for the Respondent.

JUDGMENT

Ravi Shanker Jha, C. J. - The instant petition has been filed claiming that the acquisition proceedings carried out vide the notifications issued under Sections 4 & 6 of the Land Acquisition Act, 1894 dated 02.05.2001 and 30.04.2002 respectively; followed by the award dated 27.04.2004, thereby acquiring the land for a public purpose, namely, for development and utilization of land as residential and commercial area for Sector 15, Jagadhari; qua the land of the petitioners; has lapsed in view of the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013. Further, challenge has been made to the speaking order dated 10.11.2016 passed by respondent no. 2 thereby rejecting the claim of the petitioners under Section 24(2) of Act of 2013.

2. Owing to the controversy erupted as regards the interpretation of the provision of Section 24 (2) of the Act of 2013, like many other writ petitions, the proceedings in the instant petition were kept in abeyance awaiting the decision of the Hon'ble Supreme Court of India. The controversy was finally put at rest by the Constitution Bench of the Hon'ble Supreme

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