IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Narinder Kumar Bajaj – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to notifications under land acquisition act. (Para 1 , 2) |
| 2. claims of discrimination and locus standi discussed. (Para 3 , 5 , 19) |
| 3. public interest prevails over individual claims. (Para 6 , 11 , 18) |
| 4. court maintains validity of acquisition notifications. (Para 12 , 14 , 20) |
JUDGMENT :
Sureshwar Thakur, J.
Through the instant petition, the petitioners challenge the validity of a notification, as became issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter for short called as the 'Act of 1894'). Moreover, the petitioners also make a challenge to the validity of issuance of a notification under Section 6 of the 'Act of 1894' besides to the consequent thereto award, thus on the ground, that the issuance of the notification(s) (supra) is a colourable exercise of power and are also discriminatory in nature.
2. The above notification(s) became respectively issued on 23.02.1989 (Annexure P-1) and on 22.02.1990 (Annexure P-3).
3. When the instant writ petition came up for hearing on 05.08.2024, the hereinafter extracted order was passed. It is pointed out that application for amending the writ petition bearing CM-31475-2001 was ordered to be heard
A petitioner lacking locus standi cannot challenge acquisition notifications as valid public interest considerations prevail.
The court affirmed the validity of land acquisition notifications, ruling that the petitioner was estopped from claiming release due to prior compliance and lack of challenge to earlier orders.
The court emphasized the importance of timely challenges to acquisition proceedings and the consequences of delay and laches in approaching the court.
Writ petitions challenging acquisitions after award pronouncement are non-maintainable.
The conclusive and binding effect of previous verdicts, estoppel, and lack of entitlement based on delayed challenges.
Land acquisition requires adherence to statutory procedures; failure to file objections negates claims of discrimination or exemption, and public necessity prevails over private interests.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.