Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Bhagwan Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
The instant writ petition became remanded by the Hon'ble Supreme Court vide order dated 22.03.2024. The operative part of the said order is extracted hereinafter.
".....4. Having heard the learned Additional Advocate General for the appellants - State of Haryana and the learned counsels for respondents at length and after carefully perusing the material placed on record, it appears that the High Court had declared the acquisition proceedings in question as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, it is not disputed by the learned counsels for the parties that in view of the later decision in the case of "Indore Development Authority vs. Manoharlal And Ors. Etc." reported in (2020) 8 SCC (129), the matters are required to be remitted to the High Court for fresh consideration.
5. In view of the above, the impugned orders passed by the High Court are set aside and the matters are remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).
6. It is clarified that all content
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.
Possession and compensation aspects are crucial in determining the sustainability of relief under Section 24(2) of the Act 2013.
(1) Courts should adjudicate on all issues and give its findings on all issues and not to pronounce judgment only on one of issues.(2) Lapse of land acquisition proceeding – There being delay in pass....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
