THE STATE OF HARYANA vs M/S PRANAV POOJA TRADERS PROCESSORS AND MANUFACTURES - 2024-02-15

O R D E R

1. Leave granted.

2. The impugned order dated 13-11-2017 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the Civil Writ Petition No.10972 of 2016 filed by the respondent – herein was allowed, is under challenge before this Court.

3. Having heard the learned A.A.G. for the appellants and the learned counsel for the sole respondent 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 counsel 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 matter is required to be 4. In that view of the matter, the impugned order passed by the High Court is set aside and the matter is remitted 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 appeal stands 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.7 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).8417/2019

(Arising out of impugned final judgment and order dated 13-11-2017 in CWP No.10972/2016 passed by the High Court of Punjab & Haryana at Chandigarh)

STATE OF HARYANA & ORS. Petitioner(s)

VERSUS M/S PRANAV POOJA TRADERS PROCESSORS AND MANUFACTURES Respondent(s) (IA No. 47831/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 47830/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 15-02-2024 This matter was 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. Sachin Jain, Adv.

Mr. Ajay Kumar Agarwal, Adv.

Mr. Vishal, Adv.

Mrs. Subhadra Dwivedi, Adv.

Mr. Rajiv Ranjan Dwivedi, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal stands 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)