Advocates:
SIDDHARTH MITTAL

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ITEM NO.7 Court 5 (Video Conferencing) SECTION IV-B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 5703/2021

(Arising out of impugned final judgment and order dated 24-08-2020

in CWP No. 2688/2018 passed by the High Court Of Punjab & Haryana

At Chandigarh)

HARI SINGH & ORS. Petitioner(s)

VERSUS

THE STATE OF HARYANA & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.50401/2021-EXEMPTION FROM FILING

C/C OF THE IMPUGNED JUDGMENT )

Date : 20-04-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR

HON'BLE MR. JUSTICE DINESH MAHESHWARI

HON'BLE MR. JUSTICE KRISHNA MURARI

For Petitioner(s)

Mr. Siddharth Mittal, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

This petition takes exception to the judgment and order

passed by the High Court of Punjab and Haryana at Chandigarh

dated 24.08.2020 in C.W.P. No. 2688 of 2018, whereby writ

petition preferred by the petitioners for a declaration that

the acquisition had lapsed came to be rejected. However,

liberty is granted to the petitioners, as requested, to allow

them to approach the Government for release of the land by

invoking Section 101-A of the Right to Fair Compensation and

Transparency in land Acquisition, Rehabilitation and

Digitally signed by

DEEPAK SINGH

Date: 2021.04.20

18:04:00 IST

Reason:

Signature Not Verified

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Resettlement Act, 2013, as applicable to the State of Haryana.

Having heard learned counsel for the petitioners, we find

no reason to deviate from the conclusion reached by the High

Court. For, the declaration sought by the petitioners cannot

be granted in the fact situation of the present case.

Nevertheless, it will be open to the petitioners to

pursue remedy under Section 101-A of the 2013 Act, as

applicable to the State of Haryana. The Competent Authority

shall consider that application as per the governing

provisions applicable to the State of Haryana and take a

formal decision thereon within three months from the date of

receipt of the application and communicate the same to the

petitioners within the same time.

In the event, the decision is adverse to the petitioners,

it will be open to them to assail the same by way of writ

petition before the High Court. The Competent Authority as

well as the High Court may consider the claim of the

petitioners on its own merits in accordance with law. We may

not be understood to have expressed any opinion either way on

the maintainability of such application or the merits thereof.

All questions in that regard are left open.

This petition is disposed of in the above terms.

Pending applications, if any, stand disposed of.

(DEEPAK SINGH) (ANAND PRAKASH)

COURT MASTER (SH) COURT MASTER (NSH)

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