Lalit Kumar vs State of Haryana - 2023 Supreme(P&H) 2201

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2201

SURESHWAR THAKUR, KULDEEP TIWARI
Lalit Kumar – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Sanjeev Sharma, Advocate; For the Petitioners
For the Respondent: Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana.

JUDGMENT

Mr. Kuldeep Tiwari, J.

The petitioners, through the instant writ petition, seek issuance of a mandamus upon the respondent(s) concerned, inasmuch as, staying their dispossession from the petition lands, until a final decision is made on their application (Annexure P-8), as moved under Section 101 -A of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013'), in accordance with the policy dated 14.9.2018 (Annexure P-11), titled as "The Policy for Return of Un-utilized lands', as well as, the order dated 22.07.2022 (Annexure P-13). The petitioners further seek making of a mandamus upon the respondent(s) concerned to make a final decision on their application (supra).

2. Before delving into the controversy at hand, it would be apt to record here, that through the present writ petition, the petitioners have entered into a third round of litigation, thereby seeking de-notification of their acquired lands from acquisition, proceedings whereof were terminated way back in the year 2004. As such, it is deemed imperative to first make a thorough survey of the factual backdrop of the