Jasbir Singh & Anr. Vs. State of Haryana & Anr.

[Civil Appeal No. 4349 of 2010]

[Civil Appeal No. 4354 of 2010]

[Civil Appeal No. 1105 of 2016 arising out of SLP (Civil) No. 6229 of 2011]

Anil R.Dave, J.

1. Heard the learned counsel for the parties.

2. Leave granted in SLP(Civil) No.6229 of 2011.

3. Upon hearing the learned counsel for the parties and looking at the sketch, which has been placed on record by the learned counsel for the appellants, we find that there is some substance in the submission made by the learned counsel for the appellants that lands belonging to other persons have been released, whereas lands of the appellants have not been released.

It also appears that the land which is sought to be acquired may not be sufficient for using it for any institution as the plot of land appears to be very small. In our opinion, all these facts have not been considered by the High Court.

4. We, therefore, set aside the impugned judgment and remit the matters to the High Court so that all the matters can be heard afresh and appropriate decision can be taken by the High Court in accordance with law.

5. The parties shall maintain status quo till the High Court passes any further order regarding interim relief.

6. The parties shall appear before the High Court on 14th March, 2016 so that the date of further hearing can be fixed. We are sure that the High Court will decide the matters at an early date. The learned counsel appearing before the High Court shall extend their cooperation to the court so that the matters can be decided finally as soon as possible.

7. In view of the above, the civil appeals are disposed of as allowed. No order as to costs.

Pending applications, if any, stand disposed of.

....................J. [Anil R. Dave]

....................J. [Adarsh Kumar Goel]

New Delhi;

February 09, 2016.

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