AI Structured Summary
Not yet generated for this judgment
Judgment
VIKAS BAHL, J. (ORAL)
In the headnote of the petition, following prayers have been made:
“i)Issue a writ in the nature of Mandamus directing the respondents to release the land in question of the petitioner acquired vide Notifications dated 27.11.2003 and 24.11.2004 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 respectively (Annexures P-3 & P-4) and Award no. 22 of 2006-07 dated 22.11.2006 (Annexure P-5) since the acquisition proceedings have lapsed in view of Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as neither the possession of the acquired land has been taken, nor the compensation has been tendered nor paid or deposited with the learned Reference Court till date, in the interest of Justice.
ii) Issue a writ in the nature of Mandamus directing the respondents to release the land of the petitioner acquired vide award Award no. 22 of 2006-07 dated 22.11.2006 (Annexure P-5), from acquisition forthwith.
iii) Issue any other appropriate writ, order or direction which in circumstances of the case, this Hon’ble Court deems fit and proper may also be passed.”
Learned counsel for the respondents-State has submitted that in the present case, the notification under Section 4 of the Land Acquisition Act, 1894 was issued on 27.11.2003 and the notification under Section 6 of the Land Acquisition Act, 1894 was issued on 24.11.2004 and the land was sought to be acquired for the public purpose namely for the residential, commercial and institution area Sector 48, Gurugram, under The Haryana Shehri Vikas Pradhikaran Act, 1977. It is further submitted that the award in the present case was passed on 22.11.2006 and the land in question was essentially for planned development as it was affecting the planning of the 90 metre wide SPR Road, 30 metre wide green belt and 12 metre wide service road, hospital site, auditorium and electric sub station which are required for integrated planning of Sector 48. It is further submitted that the total amount of compensation which was awarded in the present case was ₹1,79,24,312/- and the said amount has been duly tendered and deposited with the Land Acquisition Collector. It is submitted that the present petition has been filed in the year 2018 after a delay of 12 years from the date of the award. It is thus, submitted that the present petition deserves to be dismissed in view of the law laid down by the Hon’ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal and others reported as (2020) 8 SCC 129 and also in view of the law laid down by this Court in CWP-13333-2016 titled as Gopal Singh Rathi and others Versus State of Haryana and others decided on 23.07.2026.
On 24.09.2024, none had appeared on behalf of the petitioner. Again, on 21.07.2026, none had appeared on behalf of the petitioner and this Court was pleased to pass the following order:
“Present: None for the petitioner. Mr. Saurabh Mago, DAG, Haryana. **** Learned counsel for the respondents-State has submitted that the present case is squarely covered against the petitioner in view of law laid down by the Hon’ble Supreme Court in Indore Development Authority, Vs. Manoharlal & others, reported as (2020) 8 SCC 129. Today, none has appeared on behalf of the petitioner. None had appeared on behalf of the petitioner on the last date of hearing also. Let fresh notice be issued to the petitioner for 12.08.2026. To be taken up after the urgent list. 21.07.2026”
Today also, none has appeared on behalf of the petitioner.
Accordingly, the petition is disposed of with liberty to the petitioner to revive the same in case he wants to pursue the present case or in case any cause survives.
Registry is directed to send a copy of the present order to the petitioner.