Authority: High Court of Punjab and Haryana at Chandigarh
Order Date: 01.12.2016
Case Overview
- Petitioners: Ashok Gupta & Anr.; Respondents: State of Haryana & Ors.
- Dispute concerned a 13‑marla land parcel (survey number 83//17/1) in village Patti Kaisth Seth, Kaithal district, acquired by award dated 22‑Feb‑1993.
- Petitioners alleged they remained in physical possession, compensation under Section 31(2) of the Land Acquisition Act 1894 had not been paid nor deposited in the Reference Court, and the land had not been developed for the public purpose.
- The Land Acquisition Collector, Urban Estate, Panchkula, in a status report dated 10‑Nov‑2016, confirmed that compensation was not received by the petitioners and not deposited as required.
- The Court examined Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, which provides that an acquisition lapses if compensation is not paid and possession not taken.
Findings
- The Court held that both conditions of Section 24(2) were satisfied: compensation remained unpaid and possession was not taken.
- Accordingly, the acquisition dated 22‑Feb‑1993 was declared to have lapsed, following the reasoning in its earlier order dated 27‑Oct‑2016 in CWP No.17464 of 2007 (Satnam Singh & Anr. vs. State of Haryana & Ors.).
Directions
- Petitioners were directed to maintain the status‑quo concerning creation of third‑party rights, keep the land free from all encumbrances, and not alter its nature for a period of one year.
- This interim measure allows the State, if it still requires the land for a public purpose, to re‑acquire it within that period, ensuring that any future development work will be completed and compensation provided under the 2013 Act.
Final Outcome
- The acquisition of the 13‑marla plot is declared lapsed; the land remains with the petitioners under a one‑year status‑quo order, pending possible re‑acquisition by the State.
Topics: Land Acquisition, Legal Dispute