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SURESHWAR THAKUR, LALIT BATRA
Ramesh Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J.
CM-4950-CWP-2024
The application is allowed subject to all just exceptions. The document as annexed with the application is taken on record as Annexure P-26.
CM-13757-CWP-2023
2. The application is allowed subject to all just exceptions. The documents appended with the application are taken on record as Annexures P-21 to P-23.
Main case
3. The claim made in the instant writ petition is for a mandamus being made upon the respondents concerned, to, in terms of the policy dated 14.09.2018 (Annexure P-14) of the Haryana Government thus make the petition lands being released from acquisition, rather on theirs becoming un-essential or unviable for being used for the requisite public purpose.
4. The learned counsel appearing for the petitioners has forcefully contended, by planking submissions, on the mandate of Section 101 A 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') as became incorporated in the 'Act of 2013', through Haryana Act No. 21 of 2018, provisions whereof are extracted hereinafter, that the petition lands are un-essential or
The court affirmed that lands acquired for public purpose cannot be deemed unviable based solely on non-utilization, emphasizing the executive's discretion in assessing public interest.
Point of law: when once the proceedings are completed, the question of application of Section 101 of Act No. 30 of 2013 does not arise.
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