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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2022

(Arising from SLP(C) No._______ of 2022)

[Diary No. 29227 of 2021]

CHAIRPERSON CUM ZONAL ADMINISTRATIVE

HUDA CUM ADDL. DIRECTOR & ORS.

Appellant(s)

VERSUS

BALKISHAN & ANR. Respondent(s)

O R D E R

Delay condoned.

Leave granted.

This appeal takes exception to the judgment and order

dated 05-12-2017 passed by the High Court of Punjab &

Haryana at Chandigarh in CWP No. 5676/2017 (O&M),

whereby the High Court has declared the acquisition

proceedings in respect of subject land as lapsed in terms

of Section 24(2) of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

The High Court has proceeded on the finding that the

admitted position on record is that the compensation

amount had not been offered. However, the High Court has

Digitally signed by

DEEPAK SINGH

Date: 2022.03.31

18:23:49 IST

Reason:

Signature Not Verified

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not recorded any finding, whatsoever, regarding the

factum of possession, although the case of the

appellant(s) was that possession had already been taken.

If that contention is accepted, the relief has

granted by the High Court cannot be countenanced in light

of the exposition of of the Constitution Bench of this

Court in Indore Development Authority vs. Manoharlal &

Ors. reported in (2020) 8 SCC 129.

Without expressing any opinion either way on the

relevant facts to be decided in the writ petition, we

set aside the impugned judgment and order and relegate

the parties before the High Court for reconsideration of

the writ petition on its own merits and in accordance

with law.

All contentions available to both sides are left

open.

The parties to appear before the High Court on

12.04.2022, when the High Court may proceed to hear the

remanded matter on that day or assign a suitable date for

disposing of the same expeditiously.

It will be open to the parties to file further

affidavits/documents before the High Court in the

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remanded proceedings, if they so desire, before

12.04.2022.

The appeal is disposed of in the above terms.

Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR)

....................,J.

(C.T. RAVIKUMAR)

NEW DELHI;

MARCH 14, 2022.

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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2022

(Arising from SLP(C) No._______ of 2022)

[Diary No. 28896 of 2021]

HARYANA URBAN DEVELOPMENT AUTHORITY & ORS.

Appellant(s)

VERSUS

KALIRAM & ORS. Respondent(s)

WITH

O R D E R

Leave granted.

This appeal takes exception to the judgment and order

dated 05-12-2017 passed by the High Court of Punjab &

Haryana at Chandigarh in CWP No. 17514/2016 (O&M),

whereby the High Court has declared the acquisition

proceedings in respect of subject land as lapsed in terms

of Section 24(2) of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.

The High Court has proceeded on the finding that

admitted position on record is that the compensation

amount had not been offered. However, the High Court has

not recorded any finding, whatsoever, regarding the

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factum of possession, although the case of the appellant

was that possession had already been taken.

If that contention is accepted the relief has granted

by the High Court cannot be countenanced in light of the

exposition of of the Constitution Bench of this Court in

Indore Development Authority vs. Manoharlal & Ors.

reported in (2020) 8 SCC 129.

Without expressing any opinion either way on the

relevant facts to be decided in the writ petition, we

set aside the impug