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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Hari Singh Katarya & Ors. – Petitioners
Versus
State of Haryana & Ors. – Respondents
CIVIL WRIT PETITION NO. 12703 of 2023
Decided On : 17-08-2023
| Table of Content |
|---|
| 1. petitioners rely on supreme court directions. (Para 1) |
| 2. application declined; petition rendered infructuous. (Para 2) |
| 3. dismissal of the petition. (Para 3) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
The petitioners while placing reliance upon the order dated 20.4.2021, passed by the Hon'ble Supreme Court of India, in SLP No. 5703 of 2021, wherein, specific directions were given to the respondent-State to take formal decision upon application preferred by the petitioners under Section 101A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') from the date of receipt of such application and communicate the same to them, within three months. The petitioners have filed the present petition, as no such decision has been taken by the competent authority concerned. They have prayed for issuance of writ of mandamus directing the respondent-Authority to consider their application for releasing the petition land(s) under Section 101A of the Act of 2013, from acquisition.
2. Notice was issued to the respondent-State. Today, the learned Additional Advocate General, Haryana, has placed on record, speaking order dated 3.8.2023, passed by the Chairperson-cum-Zonal Administrator, HSVP-cum-Additional Director, Urban Estate Gurugram, whereby the application moved by the petitioners stands declined. Since the order has already been passed by the competent authority, in compliance with the order passed by Hon'ble the Supreme Court, therefore, the present petition has been rendered infructuous.
3. Dismissed as having rendered infructuous.
AI
Timely processing of compensation applications under land acquisition laws is essential for fulfilling the rights of property owners.
Mandamus issued to consider representation for well compensation in land acquisition award within stipulated time.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
The principle of estoppel due to earlier denials of writ reliefs by the Hon'ble Apex Court barred the petitioners from seeking the mandamus for de-notification of land from acquisition.
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