JUDGEMENT
Lisa Gill, J. -
(1.) THIS order shall dispose of two Civil Writ Petition Nos. 2304 of 2014 (M/s. National Packing Industries versus State of Haryana and others) and 2327 of 2014 (Suresh Garg and another versus State of Haryana and others). While CWP No. 2304 of 2014 has been filed by M/s. National Packing Industries through its partner (Suresh Garg), CWP No. 2327 of 2014 has been filed by the partner of M/s. Naresh Packing Industries Suresh Garg in his individual capacity alongwith Vinita Garg. The relief claimed in both the writ petitions is identical.
(2.) THE petitioner is in the third round of litigation laying challenge to the notifications dated 01.10.1973 and 01.10.1976 issued under Sections 4 and 6, respectively, of the Land Acquisition Act, 1894 (for short 'the Act'). The first writ petition challenging the validity of the acquisition was dismissed by this court on 18.04.2007 in Civil Writ Petition No. 9406 of 1987 (Annexure P -4). LPA No. 242 of 2007 filed against the same was also dismissed vide order dated 21.07.2009 (Annexure P -5). The S.L.P. No. 7933 of 2010 filed by the petitioner was dismissed as withdrawn on 29.03.2010.
(3.) THE petitioner yet again filed C.W.P. No. 24093 of 2013 which was dismissed by this court on 31.10.2013 while observing as under: -
" The acquisition of the subject property including house of the proprietor of the petitioner -Industry has already been upheld by this court while dismissing his Writ Petition No. 9406 of 1987 vide order dated 18.04.2007 as well as LPA No. 242 of 2007 dismissed on 21.07.2009. The petitioner in this second round of litigation seeks a mandamus to direct the respondents to release the residential house as shown in the photographs (Annexure P -16).
Since the afore -stated plea was very much available in the earlier round of litigation and this court rejected the petitioner's claim on the ground that no objection under Section 5A of the Land Acquisition Act, 1894 for release of the house was filed and that the petitioner being a post -acquisition vendee, had no locus standi to question the acquisition. In these circumstances, while we cannot pass any order contrary to the earlier decision of this Court, cited above, this Writ Petition is disposed of with liberty to the petitioner to pursue its cause before the respondent -authorities.
Ordered accordingly";
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