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SURESHWAR THAKUR, KULDEEP TIWARI
J. D. Wood Products – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. contestation of land acquisition proceedings. (Para 1 , 2 , 3) |
| 2. analysis of legal provisions under section 24. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. challenges regarding public purpose and land usability. (Para 10 , 11 , 12 , 13) |
| 4. final dismissal of the writ petition. (Para 14 , 15 , 16) |
JUDGMENT
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioner had asked for de-notification or for release of the petition lands, thus on the ground that the earlier issued notification(s) Annexure P-4, and, Annexure P-5, as became respectively issued on 18.08.1987, and, 16.08.1988, in terms of sections 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter for short call as the 'Act of 1894'), thus inviting the mandate of Section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter for short refer to as the 'Act of 2013'), whereby there is lapsing of the earlier launched acquisition proceedings under the 'Act of 1894'.
2. The above claim/prayer in the writ petition was contested on behalf of the respondents through theirs instituting a reply on affidavit to the present petition.
Fac
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
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