Phoola And Others vs State Of Haryana And Others

Dr. S. Muralidhar. J

The challenge in the present petition is to the acquisition proceedings culminating in an Award dated 27th June, 2008 consequent upon a notification

dated 30th June, 2005 under Section 4 of the Land Acquisition Act, 1894 (‘LAA’) and notification dated 5th July, 2006 under Section 6 of LAA

for the acquisition of 29 kanals and 19 marlas of land in Khasra Nos. 16//5 (8-0), 8//25(7-12), 2//23(8-0) and 24//3(5-17) situated in the revenue estate

of Village Pritampura, Tehsil and District Sonepat.

Initially, a status quo order was passed on 28th April, 2016 by this Court. Subsequently, on 7th March 2018 the petition was adjourned sine die,

awaiting the judgment of the Constitution Bench of the Supreme Court. On 6th March, 2020 the Constitution Bench of the Supreme Court has

delivered its judgment in a batch of Special Leave Petitions (SLPs), the lead cases of which were SLP (C) Nos. 9036-38 of 2016 (Indore

Development Authority v. Manoharlal and others, Etc.). The Constitution Bench in para 363 of the judgment has set out the answers to the various

questions that arose for consideration.

One of the major conclusions of the Supreme Court in the Manoharlal (supra) is that even if one of the two negative conditions in Section 24 (2) of

the 2013 Act stands satisfied, there would be no deemed lapsing of the land acquisition proceedings.

Admittedly, as far as possession of the subject land is concerned, the proceedings of possession have been drawn up in Rapat No. 849 dated 27th

June, 2008, whereby the possession of the land in question has been handed over to the Haryana State Industrial and Infrastructure Development

Corporation.

As far as compensation is concerned, there is an admission by the Petitioners themselves in para 8 of the writ petition that they have received

compensation.

In that view of the matter, there is no merit in the present petition and it is dismissed as such. The status quo order stands vacated.