Dinesh Kumar vs State Of Haryana - 2024 Supreme(P&H) 1899

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2024 Supreme(P&H) 1899

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, LALIT BATRA
Dinesh Kumar – Appellant
Versus
State Of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjeev Kumar Bawa, Advocate with Ms. Nisha Rana, Advocate
For the Respondent: Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana

JUDGMENT :

Sureshwar Thakur, J.

Through the instant petition, the petitioners seek the quashing of notification dated 8.4.1988 (Annexure P-1), and, also seek the quashing of notification dated 10.10.1988 (Annexure P-2). The said notifications were respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act of 1894'). The consequent thereto award dated 5.10.1990 (Annexure P-3) 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 (for short 'the Act of 2013'), whereunders the petitioners become empowered to claim the making of a lapsing declaration.

Grounds raised in the instant petition

3. The grounds, as raised in the instant petition by the petitioners, are that the notification issued under Section 4 of the Act of 1894, was required to be published in two daily newspapers circulating in the locality out of which, one is required to be in the regional language. However, the mandatory requirements of Section 4 of the Act of 1894, regarding the publication