NAFE SINGH AND ORS. Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2011-7-182
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 07,2011

Nafe Singh and Ors. Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Jasbir Singh, J. - (1.) THIS order will dispose of 15 writ petitions bearing Nos. 11021 to 11030 and 11311 to 11315 all of 2011, involving similar question of law and facts. For facility of reference, facts are being mentioned from CWP No. 11021 of 2011.
(2.) BY filing this writ petition, a prayer has been made to quash an order dated 1.6.2010 (P7), passed by the High Powered Committee appointed under orders passed by this Court, in a bunch of matters (main order was passed in CWP No. 10845 of 2004 on 16.7.2005). High Powered Committee was directed to hear the land owners and then take a decision as to whether their land is needed for acquisition or not. Further challenge has been made to the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (in short, the Act), ordering acquisition of land owned by the Petitioners. At this stage, it is not necessary to look into the validity of those notifications. It is case of the Petitioners that they appeared before the High Powered Committee in the year 2006. Thereafter, members of the High Powered Committee were also changed, no order was passed and ultimately, impugned order was passed on 1.6.2010. It is further case of the Petitioners that virtually there is non -compliance with the principles of natural justice. The officers who have passed the order now, never heard the Petitioners. Taking note of the same, on 4.7.2011, we directed Mr. Kamal Sehgal, Addl.A.G. Haryana to get instructions as to whether it is possible to hear the Petitioners afresh in terms of the judgment passed on 16.7.2005.
(3.) TODAY , in Court, Mr. Sehgal has put on record a copy of the letter dated 7.7.2011, issued by the Additional Director, Urban Estates Department, Haryana, Panchkula to the office of Advocate General, Haryana, wherein it is stated that the High Powered Committee will hear the Petitioners afresh.;


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