High CourtsDivision Bench(2013) 12 P&H CK 0214

Chet Ram vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 13 December 2013

HON’BLE JUDGES
Surya Kant and Surinder Gupta, JJ.
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petition No. 3530 of 2012

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Judgment

4 paragraphs · 309 words

Surya Kant, J. (Oral) - The petitioners'' land measuring 36 kanal-9 marlas has been acquired vide notifications dated 30.3.1990 and 27.03.1991 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act''), respectively, for the development of Sector-4, Rewari. The Award was passed on 24.03.1993. However, 14 marlas land of the petitioners was subsequently released in the year 2001. The released land of the petitioners is abutting the sites earmarked for a ''Club'' and ''Banquet Hall'' to be developed by Haryana Urban Development Authority (for short, ''HUDA''). The petitioners are struggling hard to get a direct passage for the released land. They have even represented the authorities for the exchange of released land and alternatively allot them a plot of 14 marlas in Sector-4, Rewari as several plots are lying un-allotted. Since the authorities did not take any action, the petitioners have approached this Court.

2.

On July 12, 2013 we directed the authorities to show cause as to why no passage has been provided to the petitioners and/or their proposal for the exchange of released land measuring 14 marlas has not been considered. The matter has been adjourned several times on the request of HUDA authorities.

3.

The Estate Officer, HUDA, Rewari has filed an affidavit alongwith site plan (Annexure A-2). We are constrained to observe that the so-called passage suggested by the authorities is not the bonafide compliance of the order (s) earlier passed by us. This is nothing but again an attempt to harass the petitioners.

4.

We, thus, allow this writ petition and direct the respondent-authorities to allot an alternative plot of 14 marlas to the petitioners in Sector-4, Urban Estate, Rewari, in lieu of the released land of 14 marlas, within a period of three months from the date of receiving a certified copy of this order.