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RAVI SHANKER JHA, ARUN PALLI
Ratti Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Ravi Shanker Jha, C. J. - The petitioners have filed instant writ petition seeking issuance of writ in the nature of Certiorari for quashing the notification dated 17.09.2004 and 27.10.2004 issued under section 4 and section 6 of the Land Acquisition Act 1894 in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as more than 5 years have passed since the announcement of award on 21.02.2006 (in the prayer clause, it is wrongly claimed to be of 21.02.2006 whereas it was announced on 09.03.2006) and physical possession of the land till date continues to remain with the petitioners, coupled with the fact that once the urgency clause is already been quashed by this Court in Civil Writ Petition No. 17108 of 2004 titled as Tara Chand and others Vs. State of Haryana and others since under the garb of public purpose, the land of the petitioners is being acquired to sub serve and accommodate the needs of the private builders by the official respondents. Further, the petitioners have sought quashing o
The court emphasized that the petitioners' claims lacked merit as no land was released in favor of private builders, and the petitioners' grievances were based on disputed questions of facts.
Acquisition proceedings under the Land Acquisition Act do not lapse due to non-utilization or changes in public purpose; once land is vested, owners lose rights irrespective of subsequent development....
Public interest prevails over private rights in land acquisition, and procedural delays do not invalidate acquisition proceedings.
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
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