PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Sukhbir Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant petition, the petitioners pray for the hereinafter extracted reliefs.
Civil Writ Petition under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus of direction to release the houses/land of the petitioners under the Section 24(2) of new Act namely The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and further praying for setting aside the impugned notification dated 24.5.2018 (Annexure P-12).
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 becomes empowered to claim the making of a lapsing declaration.
3. The present petitioners would be entitled to the espoused writ relief(s), as relates to this Court, thus declaring rather lapsed the extantly drawn acquisition proceedings, but only when the provisions embodied in Section 24(2) of the 'Act of 2013', become proved to become breached by the respondents. However, for the
The court emphasized that the compensation amount being set apart and deposited in a Treasury account was sufficient to escape the rigour of Section 24(2) of the Central Act 30 of 2013.
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.
Non-deposit of compensation in court does not result in the lapse of land acquisition proceedings under Section 24(2) of the 2013 Act, and Section 24(2) does not give rise to a new cause of action to....
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....
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