Surender Kumar vs State of Haryana - 2023 Supreme(P&H) 3493

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3493

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

Advocates Appeared:
Mr. N.C. Kinra, Advocate with Mr. Harsh Kinra, Advocate; For the Petitioners
Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana and Ms. Kushaldeep Kaur, Advocates
Mr. Ankur Mittal And Ms. Kushaldeep Kaur Manchanda, Advocates for the respondent- HSVP.

JUDGMENT

Justice Mr. Sureshwar Thakur.

Since all the writ petitions arise from a common notification, and, a common declaration, as became issued respectively under sections 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the 'Act of 1894'), and, as became respectively issued on 15.12.2006 and on 14.12.2007. Moreover, since all the writ petitions are covered by common thereto award(s), as became passed by the learned Land Acquisition Collector concerned on 30.11.2009, in terms of Section 11 of the Act of 1894, therefore, they are all amenable for being decided through a common verdict. For brevity, the facts are being extracted from the lead writ petition, i.e. CWP- 7646-2016.

2. The primary ground, as raised in the writ petition for quashing of the notification and declaration (supra), becomes founded upon:- (a) invidious discrimination becoming practiced by the respondent(s) concerned in not exempting the disputed lands from acquisition, despite similarly situated lands becoming released from acquisition; (b) that in terms of Section 101-A, as occurs in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,