LAWS(SC)-2014-11-24

SHARMA AGRO INDUSTRIES Vs. STATE OF HARYANA

Decided On November 12, 2014
Sharma Agro Industries Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) These civil appeals are directed against the common judgment and order dated 15.05.2007 passed in Civil Writ Petition No. 1956 of 2004 and Civil Writ Petition No. 6299 of 2004 by the High Court of Punjab and Haryana at Chandigarh, upholding acquisition of lands of the Appellants.

(2.) Since both the appeals are identical involving similar question of law, for the sake of brevity and convenience, we would deal with the facts of Civil Appeal No. 6256 of 2009 which are stated hereunder:

(3.) In the appeals, the applications have also been filed to dispose of the appeals in terms of para Nos. 20 and 21 of the judgment of this Court in the case of Pune Municipal Corporation and Anr. v. Harakchand Misirimal Solanki and Ors, 2014 3 SCC 183 wherein this Court interpreted Section 24(2) of the Resettlement Act, 2013 and held that not taking possession of the acquired lands of the Appellants, the acquisition proceedings in respect of the same are lapsed. Para No. 11 in the case of Vinod Kumar v. State of Haryana and Ors, 2014 3 SCC 203 in support of the legal submission that not accepting the recommendation of the Land Acquisition Collector to delete the lands of the Appellants from acquisition, the State Government issuing declaration Under Section 6 of the Act without assigning reasons has vitiated the acquisition proceedings.