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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Suresh Kumar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual history of land acquisition and arbitration proceedings under the 1956 act. (Para 3) |
| 2. parties' contentions regarding discrimination and maintainability of the writ petition. (Para 4 , 5) |
| 3. recognition of arbitrary discrimination against landowners compared to similarly situated claimants. (Para 6 , 7) |
| 4. identically situated landowners are entitled to equal compensation for acquired land. (Para 8 , 9) |
| 5. writ jurisdiction is maintainable to prevent abuse of process and provide substantive justice. (Para 10 , 11) |
| 6. final court order granting parity in compensation to avoid further delay. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
HARKESH MANUJA, J.
The petitioners-landowners, by way of present petition, seek issuance of a writ in the nature of certiorari quashing the impugned Award dated 18.01.2024 (Annexure P-3) 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 pray 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
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....
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....
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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