M/s Gitanjali Promoters Pvt. Ltd & Ors. v. State of Haryana & Ors.
Case at a glance
Outcome
Disposed of
These writ petitions are disposed of
Provisions considered
- Land Acquisition Act, 1894 ss. 4, 6
Judgment
Operative part
CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Hemant Saini, Advocate, for the petitioners. *** Jasbir Singh, J. (Oral) This order will dispose of CWP No. 16844 of 2010 titled as M/s Gitanjali Promoters Pvt. Ltd. and others vs. State of Haryana and others, CWP No. 16875 of 2010 titled as M/s Countrywide Promoters Pvt. Ltd. and another vs. State of Haryana and others and CWP No. 19106 of 2010 titled as Budh Ram and others vs. State of Haryana and CWP No. 16844 of 2010 and other connected cases 2 others. To dictate order, the facts are being taken from CWP No. 16844 of 2010. In this writ petition, it is main prayer of the petitioner that the excess land, which is not needed to develop a Master Plan Road, be released in their favour. Further challenge has been made to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 on14.08.2008 and 30.08.2008 respectively, to acquire land of the petitioners. So far as challenge to the notifications is concerned, this writ petition having been filed after passing of the Award in view of ratio of judgments passed by the Hon'ble Supreme Court in the cases of Municipal Corporation of Greater Bombay vs. Industrial Development and Investment Company (P) Limited, (1996) 11 SCC 501; Municipal Council, Ahmednagar vs. Shah Hyder Beig, (2000) 2 SCC 48; C.Padma vs. Deputy Secretary to the Government of Tamil Nadu, (1997) 2 SCC 627; Star Wire (India) Ltd. vs. State of Haryana, (1996) 11 SCC 698, M/s Swaika Properties Pvt. Ltd. vs. State of Rajasthan, JT 2008 (2) SC 280 and Swaran Lata etc. vs. State of Haryana and others, AIR 2010 Supreme Court 1664, cannot be entertained. Regarding release of excess land, the petitioners may approach the authorities concerned. These writ petitions are disposed of. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE November 25, 2010 CWP No. 16844 of 2010 and other connected cases 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: These writ petitions are disposed of
Which statutory provisions did this judgment involve?
Land Acquisition Act, 1894 — ss. 4, 6.
Which court decided this case, and when?
Punjab & Haryana High Court, on 25 Nov 2010. The bench was JASBIR SINGH, AUGUSTINE GEORGE MASIH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.