Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 507 of 2016, Judgment Date: Jan 22, 2016



                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO. 507 OF 2016
                 (Arising out of SLP ( C) No. 1440 of 2015)



HEERA LAL                                                         APPELLANT

                                     VERSUS

STATE OF HARYANA & ORS.                                         RESPONDENTS


                                  J U D G M E N T


      KURIAN,J.


                 Leave granted.


2.           The  appellant  approached  this  Court  challenging  the  land
acquisition  proceedings.   The  main   ground   of   challenge   was   that
dispensation  of  Section  5-A  inquiry  was  unjustified  and  unwarranted.
However, the High Court declined to interfere with the acquisition.

3.          But in the impugned  order  the  High  Court  ordered  that  the
appellant  would  be  entitled  to  a  plot  as   per   Rehabilitation   and
Resettlement Policy of the Government as submitted by Respondent Nos.  1  to
3.

4.          In view of the efflux of time and intervening  developments,  we
do not think it would be proper for this Court now to  consider  the  matter
on merits.  Therefore,
                                    - 2 -

this appeal is disposed of directing the respondent Nos. 1  to  3  to  allot
and hand over a plot as per Rehabilitation and Resettlement  Policy  of  the
Government within a period of twelve weeks from today.  In case the same  is
not done within twelve weeks, the appellant will be entitled  to  additional
compensation of Rs.1,000/- per day till it is handed over.

5.    No costs.

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



                                                      ....................J.
                                                     [ROHINTON FALI NARIMAN

      NEW DELHI;
            JANUARY 22, 2016