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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Bir Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual history regarding land acquisition and arbitration history. (Para 1 , 2 , 3) |
| 2. parties' contentions on discrimination and availability of alternative remedies. (Para 4 , 5) |
| 3. right to parity in compensation for similarly situated landowners. (Para 6 , 7 , 8 , 9) |
| 4. article 226 maintainability when statutory arbitration remedies are ineffective. (Para 10 , 11 , 12) |
| 5. final order granting compensation parity to avoid further litigation. (Para 13 , 14 , 15) |
JUDGMENT :
HARKESH MANUJA, J.
The petitioner-landowner, by way of present petition, seeks issuance of a writ in the nature of certiorari quashing the impugned Award dated 18.01.2024 (Annexure P-4) passed by respondent No.4 totally in an illegal, arbitrary and discriminatory manner, without considering the award pertaining to the same acquisition and of the same village; for the same kind of land and further prays for issuance of a writ in the nature of mandamus directing the respondents to pay the similar amount of compensation as has been awarded to the identically placed landowners in accordance with an arbitral Award dated 28.07.2011 (Annexure P-5) passed by the Commissioner, Jalandhar Division-cum-Arbitr
Landowners whose properties are acquired under the same notification for the same public purpose are entitled to parity in compensation. Denying such parity is arbitrary and violates the constitution....
When landowners are identically situated under the same acquisition notification, denying them parity in compensation constitutes hostile discrimination. In such cases, courts may exercise writ juris....
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
The Acts provide a complete code for land acquisition and disputes. The Central Government must deposit the compensation amount before taking possession of the acquired land. The appointment of a new....
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