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Malik Industry & ANR. Vs. State of Haryana & Ors.

[Civil Appeal No(S). 21802-21803/2017 arising from SLP (C) Nos.37089-37090 of 2013]

KURIAN, J.

1. Leave granted.

2. The appellant approached this Court with certain grievances with regard to the acquisition of their land. During the pendency of these appeals, the appellants filed an interlocutory application praying for a declaration to the effect that on account of operation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the whole acquisition has lapsed. Pursuant to the directions issued by this Court, the respondents have filed a Status Report. It is admitted that in the case of the appellants, the compensation amount has not been paid to them; it was only deposited with the Land Acquisition Collector.

3. Therefore, the judgment of this Court in Pune Municipal Corporation & Anr., v. Harakchand Misirimal Solanki & Ors., reported in (2014) 3 SCC 183, as it stands today, squarely applies to these appeals.

4. Accordingly, the appeals are allowed. The land acquisition proceedings initiated against the appellants stand lapsed. However, the respondents are given the opportunity to initiate proceedings afresh under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of six months from today.

5. Pending applications, if any, shall stand disposed of.

6. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH]

.......................J. [AMITAVA ROY]

NEW DELHI;

DECEMBER 12, 2017.


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