THE STATE OF HARYANA vs DESH RAJ DHINGRA - 2024-02-15

O R D E R

1. Leave granted.

2. The impugned orders dated 30-10-2017 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the Civil Writ Petition Nos.16905 of 2014 and 7894 of 2017 filed by the respective respondents – herein were allowed, are under challenge before this Court.

3. Having heard the learned A.A.G. for the appellants and the learned counsel for the respondents and carefully perusing the material placed on record, it appears that the High Court had declared the acquisition proceedings in question as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, it is not disputed by the learned counsels for the parties that in view of the later decision in the case of “Indore Development Authority vs. Manoharlal And Ors. Etc.” Reported in (2020) 8 SCC 129, the matters are required to be remitted to the High Court for fresh consideration.

4. In that view of the matter, the impugned orders passed by the High Court are set aside and the matters are remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).

5. It is clarified that all legal contentions are kept open to be raised by both the parties, as may be permissible.

6. The appeals stand allowed in above-terms.

7. Pending applications, if any, also stand disposed of.

......................J.

(BELA M. TRIVEDI)

......................J.

(PANKAJ MITHAL)

NEW DELHI;

15TH FEBRUARY, 2024.

ITEM NO.11 COURT NO.15 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).5425/2019

(Arising out of impugned final judgment and order dated 30-10-2017 in CWP No.16905/2014 passed by the High Court Of Punjab & Haryana At Chandigarh)

THE STATE OF HARYANA & ANR. Petitioner(s)

VERSUS DESH RAJ DHINGRA Respondent(s)

(IA No. 26013/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 26012/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH SLP(C) No. 5428/2019 (IV-B)

(IA No. 27272/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 27273/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 15-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. B.K. Satija, A.A.G.

Mr. Samar Vijay Singh, AOR Ms. Sabarni Som, Adv. Mr. Fateh Singh, Adv.

For Respondent(s) Mr. Jagbir Singh Malik, Adv.

Mr. K.R. Anand, Adv. Mr. Vivek Gupta, AOR Mr. Manish Khurana, Adv. Mr. Sumit K. Batra, Adv.

Ms. Priyanka Jindal, Adv.

Mr. Vaibhav Joshi, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeals stand allowed, in terms of the signed order.

3. Pending applications, if any, also stand disposed of.

(RAVI ARORA) (MAMTA RAWAT)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed Order is placed on the file)