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High Court of Punjab and Haryana · body

2016 DAILYLAW 3961 (PNJ)

MEENA AGGARWAL v. STATE OF HARYANA AND ORS

CWP/27107/2016 · 2026-07-13

Subhas Mehla, Vikas Bahl

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Judgment text

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CWP-27107-2016 (O&M) [1] 218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-27107-2016 (O&M) Date of decision: 13.07.2026 Meena Aggarwal (since deceased) through her LRs ...Petitioner(s) Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE VIKAS BAHL HON’BLE MR. JUSTICE SUBHAS MEHLA Present: Mr. Aman Bansal, Advocate and Mrs. Anjali Bansal, Advocate and Ms. Bhavna Aggarwal, Advocate and Mr. Raghav Gupta, Advocate for the petitioner(s). Mr. Saurabh Mago, DAG, Haryana. **** VIKAS BAHL, J. (ORAL) 1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for setting aside the impugned order dated 06.07.2016 (Annexure P-11) passed by respondent No.3. 2. Learned counsel for the respondents-State has submitted that in the present case, Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 09.11.1992 and Notification under Section 6 of the said Act was issued on 06.11.1993 and thereafter, award was passed on 05.11.1995 for the public purpose namely for development of Sector 3-7, PAWAN KUMAR 2026.07.15 09:47 I attest to the accuracy and authenticity of this document CWP-27107-2016 (O&M) [2] Sonepat. It is further stated that the petitioner(s) had not filed any objection under Section 5A of the Land Acquisition Act, 1894 and possession of the land in question was taken by recording the rapat roznamcha No.228 dated 05.11.1995 and was handed over to the beneficiary department. It is submitted that the total amount of Rs.31,29,35,590/- of the award was tendered at the time of announcement of the award and out of the said amount, total 93.60% i.e. Rs.29,28,81,834/- had already been disbursed to the land owners and rest of the amount of compensation of Rs.2,00,53,756/- is lying deposited in the account of LAC and is available for disbursement. It is submitted that in the said circumstance, the petitioner(s) would have no right to either challenge the acquisition or to seek lapse of acquisition under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Learned counsel for the petitioner(s) has very fairly submitted that in the said circumstance, the petitioner(s) be permitted to withdraw the present writ petition but has prayed that since the petitioner(s) had not received compensation thus, the petitioner(s) be permitted to move an appropriate application before the Land Acquisition Collector for withdrawal of the amount which is due to the petitioner(s) and on the petitioner(s) doing the same, the respondents authorities be directed to help the petitioner(s) in withdrawing the amount due to the petitioner(s) 4. Learned counsel for the respondents-State has very fairly submitted that in the said circumstances, in case the petitioner(s) moves an application before the Land Acquisition Collector then every positive endeavour would be made by the Land Acquisition Collector to release the PAWAN KUMAR 2026.07.15 09:47 I attest to the accuracy and authenticity of this document CWP-27107-2016 (O&M) [3] amount due to the petitioner(s) as expeditiously as possible. 5. Keeping in view the abovesaid facts and circumstances and fair stand taken on behalf of the petitioner(s) as well as respondents-State, the petitioners are permitted to withdraw the present writ petition with the following observations/directions:- i) It would be open to the petitioner(s) to move an application for withdrawal of the compensation to which the petitioner(s) is/are entitled on account of the acquisition in question before the Land Acquisition Collector. ii) In case any such application is filed, the Land Acquisition Collector is directed to consider the same expeditiously and to release the money due to the petitioner(s), in accordance with law. The concerned officials are directed to fully assist the petitioner(s) in ascertaining the amount to which the petitioner(s) is/are entitled and also help the petitioner(s) in getting the amount which is due to the petitioner(s). 6. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order. (VIKAS BAHL) JUDGE (SUBHAS MEHLA) JUDGE 13.07.2026 Pawan Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2026.07.15 09:47 I attest to the accuracy and authenticity of this document