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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, SUKHVINDER KAUR
Gurdev Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant petition, the petitioners seek the quashing of notification bearing No. 6/9/2000-1 HGI/501 dated 23.01.2004 (Annexure P-6), and, also seek the quashing of notification bearing No.6/02-2005-1 HGI/437 dated 18.01.2005 (Annexure P-7). The said notification(s) were respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act of 1894'). The consequent thereto award bearing No. 494 dated 26.12.2006, has also been asked to be quashed, and, set aside.2. The above espoused writ claims become founded upon the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter for short called as 'the Act of 2013'), whereunders the petitioners become empowered to claim the making of a lapsing declaration.
3. Further, a prayer is made for directing the respondents to not oust the petitioners and their family members from residential house No. 91 falling in Khasra No. 255 situated within the phirni of village Mauli Baidwan, Tehsil and District SAS Nagar, Mohali, in view of rehabilitation/relocation policy dated 18.02.2014 (An
The main legal point established is that the entitlement to relief under Section 24(2) of the Act of 2013 is contingent upon the timing of possession of acquired lands and the deposit of compensation....
The fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
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.
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