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2023 Supreme(P&H) 797

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


Advocates appeared:
Mr. Anil Rathee, Advocate for the petitioners.
Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana.
Mr. Ankur Mittal, Advocate with Ms. Kushaldeep K. Manchanda, Advocate for the respondent(s)-HSVP.

SURESHWAR THAKUR, J.

1. The petitioners claim relief for the quashing of a notification (Annexure P-1), as became issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act of 1894’), thus on 08.03.1989. The said notification became succeeded by a declaration (Annexure P-2), under Section 6 of the Act of 1894, becoming issued thus on 07.03.1990. Thereafter, an award (Annexure P-6), in terms of Section 11 of the Act of 1894, bearing No.17 became made on 22.03.1991.

2. The above launched acquisition proceedings, vis-a-vis the petition lands, were for facilitating a public purpose, namely, for the development and utilization of land for residential and commercial area Sector 9, 9-A and 10 at Gurugram.

3. The above prayer(s) become rested upon the mandate carried in Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the ‘Act of 2013’), whereby, on dis-affirmative satiations becoming meted by the acquiring authority qua the statutory parameters embodied therein, thus the landlooser(s) concerned, become entitled to receive a declaration, that the earlie

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