Land Acquisition Proceedings Not Lapsed, Twin Statutory Ingredients Fulfilled: Punjab & Haryana High Court

07 May 2024 8:19 AM

By: Admin

The High Court of Punjab and Haryana, in a significant ruling, dismissed a writ petition filed by Rattan Lal and others against the State of Haryana. The petitioners had sought the quashing of land acquisition proceedings initiated under the Land Acquisition Act of 1894 for the development of Sector 57 in Gurugram.

The bench comprising Justices Sureshwar Thakur and Kuldeep Tiwari ruled that the acquiring authority had satisfied the "twin statutory ingredients" needed to prevent the lapsing of the land acquisition proceedings.

"Consequently, in view of the written statement, it is clear that thereby accomplishment is secured by the twin statutory ingredients," Justice Sureshwar Thakur noted in paragraph 11 of the judgment.

The judgment revealed that the compensation amount was tendered and available for disbursement, thereby fulfilling one of the requirements under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). The court also found that possession of the acquired lands had been assumed by the acquiring authority, thus meeting the second statutory requirement.

"The possession of the acquired lands, vide Rapat No.569 recorded on 21.07.2003, thus becoming assumed by the acquiring authority concerned," the court noted in paragraph 9 of the decision.

The matter had earlier reached the Supreme Court, which remanded it to the High Court for fresh consideration in line with the law laid down in "Indore Development Authority v. Manoharlal".

Justice Thakur also noted that the petitioners' lands are earmarked for public purpose and are being utilized for facilitating the apposite public purpose, affecting 12 mtr. service road, 30 mtr. sector dividing road and 1 no. clinic site or 1 nursery school, as per the development plan.

The verdict puts to rest a legal tussle that had spanned several years, affirming the state’s authority to acquire the lands for the stated public purposes.

Date of Decision: 09.10.2023

RATTAN LAL AND OTHERS vs STATE OF HARYANA AND OTHERS