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SURESHWAR THAKUR, KULDEEP TIWARI
Hari Singh Katarya – Appellant
Versus
State of Haryana – Respondent
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 pet
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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