SUBHASH AGARWAL & ORS. Vs. STATE OF HARYANA & ORS.

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

Appeal (Civil), 283 of 2016, Judgment Date: Jan 18, 2016

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 283 OF 2016
               [@ SPECIAL LEAVE PETITION (C) NO. 7246 OF 2015]

SUBHASH AGARWAL & ORS.                                          Appellant(s)

                                VERSUS

STATE OF HARYANA & ORS.                                        Respondent(s)

                               J U D G M E N T
KURIAN, J.
1.    Leave granted.
2.    The appellants approached the High Court of Punjab and Haryana in  CWP
No. 21211 of 2014 with the following prayer :-
"(a)  Praying for issuance of a Writ in the Nature of Certiorari and of  any
other appropriate Writ, Direction or Order and for  quashing  of  the  order
dt. 24.06.2014 at Annexure P-18  to  the  extent  of  applicability  of  the
'current rates' which in the humble  pleading  of  the  petitioner  are  not
applicable as prayed in the aforesaid pleadings.
(b)   Praying that the alleged acquisition proceedings u/s  6  of  the  Land
Acquisition Act 1894 may kindly be declared  to  have  'lapsed'  &  disputed
land be kindly released /transferred in the name of the  petitioner  on  the
aforesaid grounds.
(c)    For  kindly  issuing  a  direction  by  holding  that  the  land   of
petitioners already stood released in the view of letter No.  R.A-1-79/44484
dt. 07.07.1979  Annexure  P-4  &  upholding  the  agreement  dt.  08.04.1981
Annexure P-9.
(d)   Praying that the records of the respondent be kindly  summoned  before
this Hon'ble Court.
(e)   The Hon'ble Court is being prayed to grant any other  relief  as  deem
fit and proper under the facts & circumstances and nature of the case."
3.    The Writ Petition was dismissed by the High Court in a cryptic  manner
and the impugned Judgment reads as follows:-
"The  petitioners  have  prayed  for  quashing   the   notifications   dated
04.11.1977 (Annexure P2) and 01.11.1980 (Annexure P8) issued under  Sections
4 and 6 of the Land Acquisition Act, 1894.
      The land of the petitioners was situated in village Mewla  Maharajpur,
Tehsil Ballabgarh, District Faridabad.  The acquition  has  been  done  more
than 37 years ago.
      No ground for interference is made out as the acquisition  proceedings
are already complete
      Dismissed"
4.    In our opinion, the approach taken by the High Court is not proper  in
the facts and circumstances  of  the  case.   The  High  Court  should  have
addressed the issues and should have passed orders on the main reliefs.   We
refrain ourselves from making further observations in this regard.
5.    Therefore, we set aside the impugned  Judgment  and  remand  the  Writ
Petition to the High Court, to be considered on merits.
6.    We make it clear that we have not expressed any opinion on the  merits
of the case and it will be open  to  the  parties  to  raise  all  available
contentions before the High Court.
7.    In view of the above, the Civil Appeal is disposed of  with  no  order
as to costs.

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


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

      New Delhi;
      January 18, 2016.