✦ Punjab & Haryana High Court · 04 Oct 2011

Ashok Kumar v. State of Haryana & Ors.

CWP No. 18708 of 2011RAJIV NARAIN RAINA, M M KUMAR

Case at a glance

Outcome

Dismissed

Accordingly, the writ petition is dismissed

Provisions considered

Key paragraphs

  • Para 44. Accordingly, the writ petition is dismissed. (M.M. KUMAR) ACTING CHIEF JUSTICE (RAJIV NARAIN RAINA) JUDGE

Judgment

HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. R.S. Mamli, Advocate, for the petitioner.

1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J.

1.

The instant petition under Article 226 of the Constitution of India is directed against the Notification dated 30.05.2005 issued under Section 4 (Annexure P-1) and notification under Section 6 of the Land Acquisition Act, 1894 (for brevity the 'Act')on 22.05.2006 (Annexure P-2). It is conceded as a fact that the award has already been passed in July 2007. The aforementioned fact has been conceded by Mr. Mamli during the course of the hearing. After passing of the award, the possession is also taken in respect of the land belonging to the petitioner.

2.

It is well settled that no petition is maintainable after the award is passed and the possession of the land is taken because the land vests in the State. So there is no possibility even otherwise to exercise jurisdiction under Section 48 of the Act to release the land. CWP No.18708 of 2011 -2-

3.

For the aforementioned reasons, we place reliance on Municipal Corporation of Greater Bombay v. Industrial Development and Investment Company (P) Ltd. (1996) 11 SCC 501; Municipal Council, Ahmednagar v. Shah Hyder Beig (2000) 2 SCC 48; C. Padma v. Deputy Secretary to the Government of Tamil Nadu (1997) 2 SCC 627; Star Wire (India) Ltd. v. State of Haryana (1996) 11 SCC 698 and M/s. Swaika Properties Pvt. Ltd. v. State of Rajasthan JT 2008 (2) SC 280.

Operative part

4.

Accordingly, the writ petition is dismissed. (M.M. KUMAR) ACTING CHIEF JUSTICE (RAJIV NARAIN RAINA) JUDGE

04.10.2011

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the writ petition is dismissed

Which statutory provisions did this judgment involve?

Constitution of India — art. 226; Land Acquisition Act, 1894 — s. 6.

Which court decided this case, and when?

Punjab & Haryana High Court, on 04 Oct 2011. The bench was RAJIV NARAIN RAINA, M M KUMAR.

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.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Punjab & Haryana High Court or eCourts case status (search case no. CWP No. 18708 of 2011). ← Search more judgments