Authority: High Court of Punjab & Haryana at Chandigarh

Order Date: January 18, 2018

Case Overview

  • Parties: M/s Uttam Fabricaters (proprietorship firm, petitioner) vs. The State of Haryana and others (respondents).
  • Land Details: Owner of land bearing khasra No.72/9/2 (3-7), 10 (8-0) measuring 1,533 square yards, situated in the revenue estate of village Unchagaon, Tehsil Ballabhgarh, District Faridabad.
  • Industrial Use: Petitioner had set up an industrial unit, additional structures, and a godown for storing fabricators and tiles; photographs and electricity bills were placed on record.
  • Acquisition Background: The land was acquired by the State of Haryana along with a chunk of land vide Award No.4 dated 30‑April‑1998 for development as Transport, Communication Commercial, Residential and Institutional Sector‑61, Faridabad.
  • Compensation Status: Petitioner neither consented to receive compensation nor deposited the compensation with the Reference Court under Section 31 of the Land Acquisition Act, 1894. Physical possession remained with the petitioner, and no stay order was in place.
  • Legal Reasoning: Since the award was passed more than five years before the Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013 came into force on 1‑Jan‑2014, the acquisition of the petitioner’s land is deemed to have lapsed.
  • Layout Consideration: State counsel presented the layout plan showing the petitioner’s land/factory premises at the extreme right side towards the southern corner, not affecting ongoing sector development. If any part is required for road or sewerage, authorities may retain it.

Final Outcome

  • The Court granted liberty to the authorities to re‑align the petitioner’s plot so that adjoining acquired land does not go waste and the petitioner’s 1,533 sq yd land along with a substantial part of existing structures are released.
  • The re‑alignment and release must be completed within three months from the date of receiving a certified copy of this order.
  • Authorities are directed to visit the area and carry out demarcation on 05‑Feb‑2018 at 11:00 a.m.
  • The writ petition stands disposed of accordingly.

Topics: Land Acquisition, Court Order