M/S.ANSAL PROPERTIES & INFRAST.LTD. Vs STATE OF HARYANA .
Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MRS. JUSTICE R. BANUMATHI
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-010017-010017 / 2017
Diary number: 14209 / 2008
Advocates: SANJAY JAIN Vs
UGRA SHANKAR PRASAD
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10017 OF 2017
[@ SPECIAL LEAVE PETITION (C) NO. 20511 OF 2008 ] M/S.ANSAL PROPERTIES & INFRAST.LTD. Appellant(s)
VERSUS STATE OF HARYANA & ORS. Respondent(s)
J U D G M E N T KURIAN, J. 1. Leave granted. 2. The issue pertains to the land acquisition proceedings initiated by the respondent-State. During the pendency of the proceedings before this Court, in view of the introduction of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short, “2013 Act”), the question arose as to whether the acquisition proceedings have lapsed or not. 3. On the admitted position that the compensation has not been paid to the owners, in view of the settled position, this Court has to give a declaration that the proceedings have lapsed. Ordered accordingly. 4. Now that the entire acquired land has been used by the State, the only option available to them is to initiate fresh proceedings under the 2013 Act within
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six months from today. 5. We make it clear that in case no steps are taken for acquisition under the 2013 Act, the respondent-State shall not lay any claim in respect of the land in dispute. 6. With the above observations and directions, this appeal is disposed of.
No costs. .......................J.
[ KURIAN JOSEPH ]
.......................J. [ R. BANUMATHI ]
New Delhi; August 03, 2017.
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ITEM NO.2 COURT NO.6 SECTION IV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Civil) No. 20511 of 2008 M/S.ANSAL PROPERTIES & INFRAST.LTD. Appellant(s) VERSUS STATE OF HARYANA & ORS. Respondent(s) Date : 03-08-2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Chinmayee Chandra, Adv.
Mr. Vikas Agarwal, Adv. Mr. Vinay Arora, Adv. Mr. Sanjay Jain, AOR
For Respondent(s) Mr. Tushar Mehta, ASG
Mr. Anil Grover, Adv. Mr. Ajay Bansal, Adv. Mr. Sanjay Kumar Visen, AOR Mr. Gaurav Yadava, Adv. Mr. Satish Kumar, Adv. Mr. Ugra Shankar Prasad, AOR
UPON hearing the counsel the Court made the following O R D E R
Leave granted. The appeal is disposed of in terms of the signed
non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)