Authority: High Court of Punjab and Haryana at Chandigarh
Order Date: 12 December 2017
Case Overview
- Petitioners: Ram Chander and others (landowners) vs. Respondents: State of Haryana and others.
- Land acquisition notifications under the Land Acquisition Act, 1894 were issued on 29 Nov 2001 (Section 4) and 28 Nov 2002 (Section 6).
- Award was announced by the Land Acquisition Collector on 24 Nov 2004.
- Compensation for the entire 31.375‑acre parcel was fixed at ₹43,98,54,550, of which only ₹1,97,400 (0.04%) was actually disbursed to landowners; the remainder remains with the Collector.
- Possession was recorded as taken by the authorities via Rapat No. 185 dated 24 Nov 2004, but the petitioners continue to occupy the land and the constructed portion that existed prior to the acquisition notice.
- No development activity or detailed development plan has been executed on the acquired land despite the passage of more than 16 years.
- The petitioners argued that, under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the acquisition should lapse because the award was announced before 1 Jan 2014 and neither compensation nor possession has been effectively effected.
Final Outcome
- The Court held that all conditions of Section 24(2) of the 2013 Act are satisfied; therefore, the acquisition of the petitioners' land has legally lapsed.
- The State of Haryana is permitted to either commence fresh acquisition proceedings or negotiate directly with the landowners for purchase or retention of the land, in accordance with law.
- The petitioners are directed to maintain the status‑quo on the disputed land for a period of six months to enable the State to decide on further action.
- The writ petition is disposed of accordingly.
Topics: Land Acquisition, Court Decision