PAWAN KUMAR AGGARWAL Vs. STATE OF PUNJAB & ORS

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

Appeal (Civil), 3789 of 2016, Judgment Date: Apr 11, 2016

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.3789 OF 2016
                   (Arising out of SLP (C) No. 5502/2014)



PAWAN KUMAR AGGARWAL                                               APPELLANT


                                VERSUS

STATE OF PUNJAB & ORS.                                           RESPONDENTS



                                  J U D G M E N T


     KURIAN,J.


       1.   Leave granted.
2.    It is not in dispute that though an award was  passed  in  respect  of
the  land  belonging  to  the  appellant,  the  appellant   has   not   been
dispossessed and hence the appellant is entitled for  the  protection  under
Section 24(2) of the Right to Fair Compensation  and  Transparency  in  Land
Acquisition, Rehabilitation and Resettlement Act, 2013.  In  fact,  we  find
that in respect of the same very acquisition  Notification  in  a  situation
where the possession is still retained by the owner, this  Court  by


Judgment dated 22.01.2015 in C.A.No.7424 of 2013 titled Karnail Kaur &  Ors.
Vs. State of Punjab & Ors. reported in 2015 (3)  SCC  206  has  quashed  the
Notification,  therefore,  this  appeal   is   allowed.    Proceedings   for
acquisition in respect of the land belonging to  the  appellant  covered  by
this appeal stand quashed.


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



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

            NEW DELHI;
            APRIL 11, 2016