Authority: High Court of Punjab and Haryana at Chandigarh
Order Date: 13 November 2017
Case Overview
- Petitioner: M/s Rajdhani Woollens and Spinning Mills; Respondents: State of Haryana and others.
- Land acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 were issued on 2 March 1993 and 1 March 1994; the award was announced by the Collector on 28 February 1996.
- Compensation and enhanced compensation were paid to the petitioner; an industrial unit was already operating on the land; mutation was entered in the name of HUDA on 8 January 2004.
- The petitioner claimed that, under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the acquisition had lapsed because possession of the land had not been taken by the respondents.
- State counsel acknowledged payment of compensation and the lack of possession but argued that no development activity had been carried out on the disputed portion of land.
Final Outcome
- The Court held that one condition of Section 24(2) – that possession had not been taken – was satisfied; consequently, the acquisition of the land in question has lapsed.
- The petitioner is directed to return the amount of compensation received, together with interest as per the policy framed by the Haryana Urban Development Authority, within three months from the date of receipt of notice; failure to do so will result in the acquisition being deemed to be upheld.
- The writ petition stands disposed of.
Topics: Land Acquisition, Compensation Recovery