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SURESHWAR THAKUR, KULDEEP TIWARI
Jarnail Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Kuldeep Tiwari, J.
Since all these writ petitions arise from common acquisition proceedings, besides when common questions of law are involved therein, therefore, they are amenable for being decided through a common verdict.
2. However, since a couple of writ petitions, i.e. CWP-16-2015, CWP-443-2015, CWP-567-2015, CWP-576-2015, besides raising common grounds vis-a-vis the ones, as raised in the other writ petitions, also invoke the lapsing provisions, as embodied 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'), therefore, the claim (supra), will also become adjudicated at the fag-end of this verdict.
3. The petitioner(s), who have in fact, collaborated with a renowned builder/developer/coloniser, i.e. D.L.F., have thrown the instant challenge to the relevant acquisition proceedings.
4. To be precise, the challenge, as made in all these writ petitions, is to the notification and the declaration, as respectively issued under Section 4 and under section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894'). The notif
The power of eminent domain allows the State to lawfully acquire land for public purposes, superseding individual claims of legitimate expectation, especially when justified by ecological and urban p....
Post-acquisition, landowners cannot enter into valid agreements regarding the acquired land, as the public interest served by the acquisition prevails over private benefits, rendering such agreements....
Even though there is no period of limitation for filing petitions under Articles 32 and 226 of the Constitution, the petitioner should approach the Court without loss of time and if there is delay, t....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
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