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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Vijay Singh Mann – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner seeks the quashing of the order dated 2.11.2023 (Annexure P-16) passed by respondent No. 2, whereby the espoused NOC qua the land of the petitioner falling in khewat No. 2984/4144, khasra No. 7071/5386/1697 (0B-2B-8B) measuring 16 Biswansi withing the revenue estate of village Gurgaon, rather became rejected, on the ground that possession of the said land vide rapat roznamacha No. 86 dated 5.11.1981, thus is with Haryana Shehri Vikas Pradhikaran (for short HSVP').
Brief facts of the case
2. It is averred in the instant petition, that the parents of the petitioner purchased the petition lands from one Om Parkash vide sale deed No. 1128 dated 13.7.2001, and, from one Karan Singh Yadav and Shammi vide sale deeds No. 13268 and 13270 dated 26.3.2001. Subsequently, the parents of the petitioner transferred the said lands in favour of the petitioner vide transfer deeds No. 16007, 16008 and 16009 dated 30.1.2019. It is further averred that earlier the said land was acquired for the development of residential sector of HUDA vide notification issued under Section 4 of the Land Acquisition Act, 1894 (for short the
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.
A subsequent purchaser has no right to challenge the original acquisition or claim any benefits under the Land Acquisition Act 1894. The sale transaction after the issuance of the Section 4(1) notifi....
The court upheld the validity of land acquisition proceedings, emphasizing previous adjudication, statutory compliance, and the impact of delay and laches on claims against the acquisition.
Government cannot assert claim over land contrary to binding judicial decisions affirming petitioner's ownership; rejection of NOC was arbitrary and violated principles of fair dealing under Article ....
The court affirmed that the issuance of a No Objection Certificate for quarry lease was valid as the petitioners had no title over the disputed land, emphasizing adherence to established guidelines.
The importance of public purpose in land acquisition, the conclusive and binding effect of previous orders, and the impact of delays and laches in approaching the court.
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