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High CourtsDivision Bench(2020) 08 P&H CK 0067

Hari Chand vs State Of Haryana And Others

Punjab And Haryana At Chandigarh · Decided on 24 August 2020

HON’BLE JUDGES
S. Murlidhar, J · Avneesh Jhingan, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 18331 Of 2016
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Judgment

4 paragraphs · 184 words

Dr. S. Muralidhar, J

1.

In this writ petition, the prayer is for a declaration of deemed lapsing of land acquisition proceedings under Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the 2013 Act') and/or for release of the land in question. The said prayers are required to be rejected in view of the judgment dated 6th March, 2020 of the Constitution Bench of the Supreme Court in Indore Development Authority v. Manohar Lal and others etc., AIR 2020 SC 1496.

2.

Mr. Tushar Sharma, learned Counsel appearing for the Petitioner states that the Petitioner desires to invoke Section 101-A of 'the 2013 Act' which is a provision exclusive to the State of Haryana inserted therein by way of an amendment.

3.

Accordingly the writ petition is dismissed, and the status quo order, if any, is vacated. It is clarified that if the Petitioner makes a representation invoking S. 101-A of the 2013 Act, it will be for the Respondent authorities to examine it and pass an appropriate order in accordance with law.