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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Roop Chand – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. G.S.Sandhawalia, J.
The present judgment shall dispose of three writ petitions i.e. CWP Nos. 9213, 10432 and 17562 of 2011. CWP No. 9213 has been filed by three petitioners in which initially only the official respondents were impleaded. At a subsequent point of time, as per the amended Memo of Parties dated 31.05.2016, respondent Nos.3 to 23 have also been brought on record. In the writ petition filed, the prayer is for quashing of the notification dated 12.09.2008 (Annexure P-1) issued under Section 4 of the LAND ACQUISITION ACT , 1894 (in short 'the Act') wherein, the land was acquired for building/extension of Police Lines at Patti Kaith Seth, Kaithal, Tehsil and District Kaithal and the area of land is 26.23 acres. Similarly, challenge was raised to the notification dated 05.06.2009 (Annexure P-2) issued under Section 6 of the Act. The prayer made in the writ petitioner is to release the land situated in various killa numbers given in the head note of the writ petitioner. The same was based on the fact that on 15.09.2010 (Annexure P- 3), a release order had been passed wherein 14.53 acres of land out of the above land had been ordered to be released on account of
Release of acquired land – Part land cannot be released and/or with respect to part land, acquisition cannot be quashed.
The possession of acquired land affects the rights of the landowner, and the plea of discrimination must be supported by specific details. Additionally, the refund/re-deposit of compensation amount i....
Land Acquisition and Requisition - Once possession has been taken and land has not been utilised, there cannot be withdrawal from acquisition of any land. Land cannot be restituted to owner after sta....
The court emphasized the importance of timely challenges to acquisition proceedings and the consequences of delay and laches in approaching the court.
The court affirmed the validity of land acquisition notifications, ruling that the petitioner was estopped from claiming release due to prior compliance and lack of challenge to earlier orders.
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