THE STATE OF HARYANA vs RADHEY SHYAM - 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.4839 and 8038 of 2015 filed by the respective respondents – herein were allowed, are under challenge before this Court.

3. None has entered appearance for the respondents in both the appeals, though duly served.

4. Having heard the learned A.A.G. for the appellants 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, 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.

5. 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).

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

7. The appeals stand allowed in above-terms.

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

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

(BELA M. TRIVEDI)

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

(PANKAJ MITHAL)

NEW DELHI;

15TH FEBRUARY, 2024.

ITEM NO.9 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).7421/2019

(Arising out of impugned final judgment and order dated 30-10-2017 in CWP No.4839/2015 passed by the High Court of Punjab & Haryana at Chandigarh)

THE STATE OF HARYANA & ANR. Petitioner(s)

VERSUS RADHEY SHYAM & ORS. Respondent(s)

WITH SLP(C) No. 7427/2019 (IV-B)

Date : 15-02-2024 These petitions 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)

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)