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SURESHWAR THAKUR, KULDEEP TIWARI
Rajbir – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of acquisition notification (Para 1 , 2) |
| 2. state's response reveals key facts about acquisition (Para 3 , 4 , 5 , 6) |
| 3. state transferred acquired lands for public purpose (Para 8 , 9) |
| 4. section 24(2) does not lead to lapse of acquisition (Para 10 , 11) |
| 5. petition dismissed due to delay and laches (Para 12) |
JUDGMENT
Mr. Kuldeep Tiwari, J.
Since all these three writ petitions arise out of the same acquisition proceedings, besides identical questions of law are involved therein, therefore they are amenable for a common decision being made thereon. For brevity, the facts are being extracted from the lead petition, i.e. CWP-87-2020.
2. The petitioner, through the instant writ petition, seeks quashing of the notification dated 02.07.1973 (Annexure P-2), and, of the declaration dated 30.08.1973 (Annexure P-3), which were drawn respectively under sections 4 and 6 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the 'Act of 1894'). The petitioner craves the relief (supra), on the ground, that despite acquisition be-ing made of the petition lands, through the notification and declaration (supra), and, despite an award being pronounced,
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....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
(1) Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues.(2) Lapse of land acquisition proceeding – There being delay in pass....
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