Authority: High Court of Punjab and Haryana at Chandigarh

Order Date: 27 October 2016

Case Overview

  • The order disposes of ten writ petitions (CWP Nos. 24632/2015, 13248/2016, 14665/2016, 14679/2016, 14688/2016, 14767/2016, 14837/2016, 14206/2016, and others) filed by individual petitioners against the State of Haryana and the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC).
  • All petitioners claim that the land acquired by the State for an Industrial Model Township at Faridabad (award dated July 2008) remains in their actual physical possession, satisfying one of the conditions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the “2013 Act”).
  • Petitioners submitted evidence such as photographs, electricity bills, and Jamabandi records (e.g., for years 2001‑02) to prove possession of the acquired land and structures built before the issuance of the Section 4 notification.
  • HSIIDC’s written statements (dated 21 Oct 2016) acknowledge that compensation was paid to the petitioners for the land and for any structures, citing specific cheque numbers, dates, and amounts (e.g., ₹2,009,271 paid on 01‑Sep‑2008; ₹939,295 on 28‑Jan‑2014; ₹1,732,130 on 07‑Aug‑2008; ₹1,347,913 on 20‑Nov‑2013; ₹384,92 on 12‑Dec‑2012; etc.).
  • HSIIDC also states that possession of the land was taken by “kabja karvahi” on 07‑Aug‑2008 and that mutation was entered in its name. In lieu of the acquired land, petitioners were allotted alternative plots under the R&R policy on 21‑Jul‑2016 (sizes ranging from 8 marla to 350 sq mtr) and deposited percentages (10‑25 %) of the tentative plot cost.
  • The court noted that the petitioners have already received compensation, but no evidence was presented showing they were ever dispossessed; therefore, the statutory condition of continued possession is satisfied.

Final Outcome

  • The court declares that the acquisition of the lands in all the cited petitions has lapsed under both grounds of Section 24(2) of the 2013 Act.
  • Petitioners are directed to refund the compensation amounts already received, together with interest at the rate admissible to a landowner under the Land Acquisition Act, 1894. The Land Acquisition Collector must determine the exact amount and interest within one month, and petitioners must deposit the lump‑sum amount within one month.
  • Any plot allotted to petitioners under the R&R or Oustee policy must be returned; if any allotment price has been paid, the authorities shall refund or adjust the same.
  • The petitioners are ordered to maintain status‑quo on the land/property for one year, keeping it free from encumbrances and not altering its nature, so that the State may re‑acquire it for a public purpose if required.
  • The order is signed by Justice Surya Kant and Justice Sudip Ahluwalia.

Topics: Land Acquisition, Compensation Refund