GAJRAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant petition, the petitioners seek the quashing of notification dtd. 11/8/2004 (Annexure P-3), and, also seeks the quashing of notification dtd. 9/8/2005 (Annexure P-7). The said notifications were respectively issued under Ss. 4 and 6 of the Land Acquisition Act, 1894 (for short 'the Act of 1894'). The consequent thereto award dtd. 8/12/2006 (Annexure P-8), has also been asked to be quashed, and, set aside.

(2.) The above espoused writ claims become founded upon the provisions of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act of 2013'), whereunders the petitioners become empowered to claim the making of a lapsing declaration.

(3.) Earlier the instant petition along with CWP-11445-2008 and other connected CWPs were disposed of by this Court on 27/10/2016. The said decision became challenged before the Hon'ble Apex Court by filings of SLPs. The Hon'ble Apex Court through a decision made on 13/11/2021, on the said SLPs, set aside the impugned order, and, remitted the instant writ petition to this Court for deciding it afresh. Thereafter, when the instant petition came up for hearing on 27/9/2022, it was adjourned sine die to await the decision of SLP (C) No. 003881-2020. The operative part of the decision on the said SLP is extracted hereinafter.