STATE OF HARYANA Vs. SUSHILA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 5/12/2017 passed by the High Court of Punjab and Haryana at Chandigarh in CWP No.15720 of 2014 by which the High Court has allowed the said writ petition and has declared that the acquisition with respect to the land in question is deemed to have lapsed under Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act 2013'), the State of Haryana has preferred the present appeal.

(2.) At the outset, it is required to be noted that before the High Court it was the case on behalf of the private respondents herein - original writ petitioners that the compensation with respect to the land in question has not been paid to them and even the possession of the lands in question is with them and therefore, in view of Sec. 24(2) of the Act, 2013 the acquisition with respect to the land in question is deemed to have lapsed as neither the possession has been taken over nor the compensation for the acquired land has been paid.

(3.) From the aforesaid it can be seen that it was the specific case on behalf of the appellants that the possession of the land in question was taken over and handed over to the beneficiary on 4/8/2006. It was also the case on behalf of the appellant that the petitioners are encroachers in the acquired land and compensation of the acquired land was not paid to them because they were not co-owners at the time of award. The aforesaid has not at all been considered by the High Court while passing the impugned judgment and order. As the possession was taken over by the acquiring body and was handed over to the beneficiary, any possession by the petitioners thereafter can be said to be encroachment and the encroachers cannot be permitted to take the benefit of the provisions of Sec. 24(2) of the Act, 2013 and pray that as now they are in possession, may be as encroachers, they are entitled to relief under Sec. 24(2) of the Act, 2013. It would be giving a premium to the illegality and the encroachers which cannot be the intention of the legislature.