Plea challenging acquisition of land dismissed by high court
A petition challenging the acquisition of land for connectivity from Dakshin Marg to PR 4 road Chandigarh/Punjab boundary has been dismissed by the Punjab and Haryana High Court after the same was withdrawn.
The petitioners, Jaspal Singh and others, had challenged the acquisition proceedings initiated by the Chandigarh Administration for a public purpose, namely, connectivity from Dakshin Marg to PR 4 road UT/Punjab boundary, as per the Master Plan.
Advocate Anil Mehta, Senior Standing Counsel for Chandigarh, submitted before the HC that the petitioners have simply assailed the preliminary notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and concededly, the final declaration/notification under Section 19(1) of the Act had not been challenged.
Likewise, Mehta submitted that during the pendency of the present matter, the collector of land acquisition, Chandigarh, had approved the compensation on May 20, 2020, which had not been challenged. There is no challenge to the Master Plan either. The UT counsel further urged that most of the landowners, including some of the petitioners, had already received the compensation money, with the balance compensation having been deposited by the administration with the concerned authority. Possession had also been obtained and most of the construction work has already been carried out.
In response, counsel for the petitioners submitted that rather than examining the matter on merits, let the petitioners be permitted to withdraw the petition with liberty to file a comprehensive petition, with better particulars, if so advised.
The division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli, after hearing the matter granted the liberty to dismiss the petition as withdrawn.
The HC however made it clear that this order shall not constitute an expression of opinion on the merits of the case of either party.