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SURESHWAR THAKUR, KULDEEP TIWARI
Ram Phal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. legitimacy of land acquisition and claims. (Para 1 , 4) |
| 2. malafide intent behind petition. (Para 2 , 3) |
| 3. history and status of litigation. (Para 5 , 6) |
| 4. insufficient evidence to support claims. (Para 7 , 15 , 20) |
| 5. constructive res judicata as a defense. (Para 8 , 10 , 11) |
| 6. conditions for denotification of acquired land. (Para 12 , 13 , 18) |
| 7. public interest over private interest. (Para 17 , 19) |
| 8. dismissal of the writ petition. (Para 21) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
Through the instant writ petition, the petitioners crave the indulgence of this Court, for issuance of a mandamus upon the respondent(s) concerned, to allot/release the lands of the petitioners, acquisition proceedings whereof were lawfully terminated in the year 1983, i.e. around 4 decades back. The relief (supra) is cast on the premise that the acquired lands fall in close proximity, i.e. within 900 meters, of the restricted area of the Ammunition Depot of the Military.
2. The instant writ petition, though is camouflaged to reap the relief (supra), however, the primary reason behind the institution of the instant writ petition, appears to be the malafide intention of the petitioners to retain th
The court affirmed that lands acquired for public purpose cannot be deemed unviable based solely on non-utilization, emphasizing the executive's discretion in assessing public interest.
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
Point of law: when once the proceedings are completed, the question of application of Section 101 of Act No. 30 of 2013 does not arise.
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