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High Court of Punjab and Haryana · body

2016 DAILYLAW 3690 (PNJ)

ANUP KUMAR AND ANR v. STATE OF HARYANA & ORS

CWP/23594/2016 · 2026-04-24

Alka Sarin, To Be Nominated

Special Leave Petitionbody2016

Judgment text

Extracted from the PDF above. The PDF is authoritative.

113 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-23594-2016 (O&M) Date of Decision : 24.04.2026 Anup Kumar and Another ... Petitioners Versus State of Haryana and Another ... Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI Present : None for the petitioners. Mr. Saurabh Mago, DAG Haryana. ALKA SARIN, J. (Oral) 1. On 02.04.2026 the following order was passed : “The only prayer in the present petition was that the acquisition proceedings have lapsed in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The present petition was decided by this Court vide order dated 30.10.2017. Subsequently, the State of Haryana had filed Special Leave Petitions before the Hon’ble Supreme Court, the lead case being State of Haryana & Ors. Vs. Aalamgir & Ors. [(2025) 6 SCC 397]. Hon’ble Supreme Court vide judgment dated 18.03.2025 in case of Aalamgir JITENDER KUMAR 2026.04.27 09:55 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-23594-2016 -2- (supra) remanded the present petition alongwith other matters for reconsideration. Learned counsel for the State has pointed out to the short reply dated 26.11.2025 filed by way of an affidavit of Sh. Ashish Kumar, HCS, Land Acquisition Collector, Urban Estate Department, Rohtak on behalf of respondent Nos.1 to 3, wherein it has been stated as under : “ XXX XXX XXX XXX 2. That it is respectfully submitted that the petitioners had filed the present petition thereby praying for the quashing of the notification dated 23.02.1989 and 22.02.1990 issued under section 4 and 6 respectively for the public purpose namely development and utilization of land for public purpose residential and commercial are Sector 13- 17 Panipat followed by award dated 21.02.1992 on the ground that the acquisition stands lapsed in view of the section 24(2) of the Right to Fair Compensation and Transparency in Land 1 Acquisition, Rehabilitation and Resettlement Act, 2013…….. 3. That it is respectfully submitted that the instant petition was earlier allowed by this Hon'ble Court vide order dated 30.10.2017 thereby declaring that acquisition proceedings have lapsed under section 24(2) of Act of 2013. Against the said JITENDER KUMAR 2026.04.27 09:55 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-23594-2016 -3- order, the State Government filed SLP No.7999/2019 which was converted to Civil Appeal No.4172/2025 and the same has been disposed vide order dated 18.03.2025 thereby remanding back the matter to this Hon'ble Court for decision afresh on merits of the case and the claim as regards lapsing under section 24(2) of Act of 2013 has been concluded……….. XXX XXX XXX XXX 7. That it is respectfully submitted that the possession of the land was taken at the time of announcement by recording The Rapat Roznamcha No.277 dated 21.02.1992 and was handed over to the beneficiary department…… 8. That further it is submitted that the entire amount Rs.16,52,32,478/- of the award has been tendered at the time of announcement of award, out of the total amount of award, Rs.13,44,57,860 /- has already been disbursed among the landowners and rest of the amount of compensation Rs.3,07,74,618/- is lying deposited in the LAC and is available for the disbursement and is lying deposited in LAC account and the petitioners are at liberty to receive the same. So far as per status of compensation of petitioners is concerned i.e. Rs.124018 of petitioner no. 1 and Rs.99214 of petitioner no.2 were also JITENDER KUMAR 2026.04.27 09:55 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-23594-2016 -4- tendered at the time of announcement of award dated 21.2.1992 and the same is deposited with Ld. ADJ Panipat…… XXX XXX XXX XXX 13. That it further submitted that present status of the Residential and Commercial purpose for which, the land was acquired, the possession of the same was taken with Mutation No.18741/15.10.2003 has been sanction in favor of HUDA as per approved lay out plan of Sector 13- 17 Panipat bearing drawing No. Job No.2216/10.08.1992. The land of the petitioner effects the planning of 22 Nos. 08 Marla plots,06 Nos. of plots of 14 Marla site for orphans and 12 meters internal Sector road area are allotted for Residential and Commercial Sector 13-17 Panipat……….” Learned counsel for the petitioners’ states that he has no instructions in the matter. In view thereof, let notices be issued to the petitioners through the Civil Judge (Senior Division) concerned returnable 24.04.2026. To be shown in the urgent list.” 2. As per office report, notices issued to the petitioners have been received back unserved with the report that they are not residing at the given address. There is no other address of the petitioners available except for the one mentioned in the memo of parties. JITENDER KUMAR 2026.04.27 09:55 I attest to the accuracy and authenticity of this order/judgment Chandigarh CWP-23594-2016 -5- 3. In view of the above, this Court is left with no other option but to dismiss the present petition for non-prosecution. 4. Dismissed for non-prosecution. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) JUDGE 24.04.2026 jk ( RAMESH CHANDER DIMRI ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2026.04.27 09:55 I attest to the accuracy and authenticity of this order/judgment Chandigarh