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High Court of Punjab and Haryana · body

2023 DAILYLAW 5922 (PNJ)

M/S ULTIMATE INDUSTRIES LTD v. STATE OF HARYANA AND OTHERS

CWP/23704/2023 · 2026-07-16

Jagmohan Bansal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CWP-23704-2023 (O&M) & CWP-23706-2023 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 113 (2 cases) CWP-23704-2023 (O&M) Date of Decision: 16.07.2026 M/s Ultimate Industries Ltd …Petitioner Versus State of Haryana and others …Respondents And CWP-23706-2023 (O&M) Manju Gupta …Petitioner Versus State of Haryana and others …Respondents CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Sakal Sikri, Advocate for the petitioner Mr. Jagdish Manchanda, Senior Advocate with Mr. Akash Chaudhary, Advocate for respondent-State Mr. Parminder Sandhu, Advocate for respondent Nos.2 and 3 *** JAGMOHAN BANSAL, J. (Oral) 1. As common issues are involved in the captioned petitions, with the consent of parties, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP No.23704 of 2023. 2. The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondents to pay compensation with respect to its land measuring 0.46 Acre (8 Kanals 2 MOHIT KUMAR 2026.07.16 16:40 I attest to the accuracy and authenticity of this order/judgment. CWP-23704-2023 (O&M) & CWP-23706-2023 (O&M) -2- Marlas) falling in Khasra No.32//1/1/2/2 min, 32//2/2 min, 3/1/2 min situated in revenue estate of village Nawada Fatehpur, District Gurugram. 3. The petitioner is claiming that its land has been utilized by respondent without acquisition. The respondent is bound to pay compensation for utilizing petitioner’s land. The respondent is neither officially acquiring petitioner’s land nor making payment of compensation. 4. As per reply filed by Land Acquisition Collector, Urban Estates Department, Gurugram, petitioner’s land was never acquired, thus, there was no question of payment of compensation. 5. As per reply of HSVP, petitioner’s land was utilized to lay down sewer line. The Authorities were unaware that land in question has not been acquired still it was utilized for aforesaid purpose. On coming to know aforesaid fact, sewer line was discontinued by plugging the line from both sides and no damage was caused to the petitioner’s land. 6. Heard the arguments and perused the record. 7. The respondent has no right to use petitioner’s land without paying compensation. The respondent is duty bound either to acquire petitioner’s land in accordance with the law in force and pay compensation or vacate the land occupied. As per reply, the respondent at present is not utilizing petitioner’s land. The denial is based upon the fact that sewer line has been plugged. It may be unplugged at any time or because of any future incident the petitioner may not be able to utilize the land in question. 8. Keeping in mind aforesaid facts, the respondent is directed to consider petitioner’s representation which is stated to be pending and form MOHIT KUMAR 2026.07.16 16:40 I attest to the accuracy and authenticity of this order/judgment. CWP-23704-2023 (O&M) & CWP-23706-2023 (O&M) -3- an appropriate opinion as to whether the petitioner’s land is to be utilized or not. 9. In the backdrop the petition stands disposed of. 10. As regards CWP No.23706 of 2023, it is made clear that this Court has not expressed any opinion with respect to entitlement of compensation either to the petitioner or Gram Panchayat. If, at any stage, land is acquired and compensation becomes payable, the same shall be paid in accordance with the law. 11. Pending application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 16.07.2026 Mohit Kumar Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT KUMAR 2026.07.16 16:40 I attest to the accuracy and authenticity of this order/judgment.