Prahlad Singh and Others vs State of Haryana and Others

Surya Kant, J.—Notice of motion.

On our asking, Mr. Rajesh Garg, learned Additional Advocate General, Haryana, accepts notice on behalf of the respondents.

Let four copies of the writ petition be supplied to the learned State counsel during the course of the day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

In view of the nature of order which we propose to pass, there is no need to seek any counter-reply from the respondents at this stage.

The grievance of the petitioners in the instant writ petition is that their land fully described in para Nos. 2 to 5 of the writ petition was acquired vide notifications dated 25.11.1986 (Annexure P-5) and 04.05.1987 (Annexure P-6) issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as ''the Act''), respectively, for the construction of ''Baghot Minor'' but no compensation in accordance with the provisions of the Act was paid.

Reliance is placed on an order dated 09.07.2013 passed by this Court in CWP No. 1005 of 2013 (Ganpat and others versus State of Haryana and others) (Annexure P-7). The said writ petition was disposed of with the follows directions:-

...In view of the fact that some of the effective steps have already been taken by the authorities, we dispose of this writ petition with a direction that let the requisite notifications be issued before 31.07.2013 and let the award be passed by 30.09.2013 and payment of compensation amount be made to the petitioner/other land-owners before 15.10.2013. The payment of compensation shall be without prejudice to the right of the land-owners to seek reference u/s 18 of the Act.....

We thus dispose of the instant writ petition without expressing any views on the merits of the petitioners'' claim, however, with a direction to the respondents that the petitioners'' claim be also considered and decided in terms of the observations made in the order dated 09.07.2013 passed in Ganpat & others'' case (supra).

Let the needful be done within a period of six months from the date of receiving a certified copy of this order.

Dasti.