Authority: High Court of Punjab and Haryana at Chandigarh
Order Date: 01 December 2016
Case Overview
- Petitioners: Baljeet and others, residents of Fazilpur village, Tehsil & District Sonepat.
- Respondents: State of Haryana and others.
- Petition challenged acquisition of 26 kanal 17 marla land in Sultanpur village, Sonepat, alleging that the acquisition had lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 because petitioners remained in physical possession and were cultivating the land.
- Petitioners had already received compensation but continued to possess and cultivate the land, as shown by revenue entries and photographs.
- The State failed to file a status report or rebut the petitioners’ claims; the Court deemed the averments admitted.
- The Court found that the facts satisfied the conditions of Section 24(2) and, relying on its earlier order in CWP No.17464 of 2007 (Satnam Singh & Anr. vs. State of Haryana & Ors.), declared the acquisition lapsed.
Final Outcome
- The acquisition is declared lapsed under Section 24(2) of the 2013 Act.
- Petitioners must refund the compensation amount already received, together with interest at the rate applicable to a landowner under the Land Acquisition Act, 1894. The exact amount and interest will be calculated by the Land Acquisition Collector within one month, and the refund must be paid in lump sum within one month of that determination.
- Petitioners are directed to maintain the status quo on the land for a period of one year: keep the land free of all encumbrances and not alter its nature, allowing the State to re‑acquire the land for a public purpose if required.
- The order was pronounced by Hon’ble Justice Surya Kant and Hon’ble Justice Sudip Ahluwalia.
Topics: Land Acquisition, Compensation Refund