SURESHWAR THAKUR, KULDEEP TIWARI
Varinder Sandhu – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner's request for quashing land acquisition. (Para 1) |
| 2. relief claims rejected based on constructive res judicata. (Para 2 , 4) |
| 3. doctrine of estoppel applies due to earlier petition. (Para 3 , 6 , 8) |
| 4. petitioner's claims of discrimination due to unequal treatment. (Para 5 , 7) |
| 5. writ petition dismissed with costs. (Para 9) |
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioner claims relief for quashing of the acquisition proceedings, as became drawn under the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894'). The secondary relief, as asked for in the instant writ petition, relates to a mandamus being made upon the respondent(s) concerned to, thus in terms of 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'), as became incorporated therein through Haryana Act No.21 of 2018, and, which was made applicable retrospectively from the year 2014, thus release the acquired lands from acquisition, but obviously on the ground, that the acquired lands are both unessential and enviable for th
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.
The central legal point established in the judgment is the applicability of statutory provisions and legal principles governing land acquisition and release of acquired lands.
The main legal point established is that the entitlement to relief under Section 24(2) of the Act of 2013 is contingent upon the timing of possession of acquired lands and the deposit of compensation....
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