Haryana State Industrial And Infrastructure Development Corporation Ltd(Formerly Known As Haryana State Industrial Development Corporation Ltd) vs. Bhana (Deceased) Through Lrs

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (Arising out of SLP (C) NO.10148 of 2020)

HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD (FORMERLY KNOWN AS HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD) & ORS. …APPELLANT(S)

VERSUS

BHANA (DECEASED) THROUGH LRS …RESPONDENT(S)

O R D E R

1. Leave granted.

RAVI ARORA

17:23:08 IST Reason:

2. The impugned order dated 04-12-2017 passed by the High Court of Punjab and Haryana at Chandigarh, whereby the Civil Writ Petition No.935 of 2016 filed by the respondent(s) herein was allowed, is under challenge before this Court.

3. Having heard the learned counsel for the appellants and the learned counsel for the respondent(s) and carefully perusing the material placed on record, it appears that the High Court had declared the acquisition proceedings in question as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, it is not disputed by the learned counsels for the parties that in view of the later decision in the case of "Indore Development Authority vs. Manoharlal And Ors. Etc." Digitally signed by Date: 2024.03.19 Signature Not Verified

1

Reported in (2020) 8 SCC 129, the matter is required to be remitted to the High Court for fresh consideration.

4. In that view of the matter, the impugned order passed by the High Court is set aside and the matter is remitted to the High Court for fresh consideration in the light of the Judgment in the case of Indore Development Authority (supra).

5. It is clarified that all legal contentions are kept open to be raised by both the parties, as may be permissible.

6. The appeal stands allowed in above-terms.

7. Pending applications, if any, also stand disposed of.

......................J. (BELA M. TRIVEDI)

......................J. (PANKAJ MITHAL)

NEW DELHI; 18TH MARCH, 2024.

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).10148/2020

(Arising out of impugned final judgment and order dated 04-12-2017 in CWP No.935/2016 passed by the High Court of Punjab & Haryana at Chandigarh)

HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD(FORMERLY KNOWN AS HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD) & ORS. Petitioner(s)

VERSUS

BHANA (DECEASED) THROUGH LRS Respondent(s)

(IA No.120539/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 18-03-2024 This matter was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL

For Petitioner(s) Mr. B. K. Satija, AOR

For Respondent(s) Mr. Mahesh Kumar, Adv. Mr. Nikhilesh Kumar, Adv. Mr. Deepak kapoor, Adv. Ms. Devika Khanna, Adv. Mrs. V.D. Khanna, Adv. Mr. Harshvardhan Jha, Adv. Mrs. Yugandhara Pawar Jha, AOR Mr. Aman Pathak, Adv. Ms. Shuchi Bharti, Adv.

UPON hearing the counsel the Court made the following O R D E R

1. Leave granted.

• 2. The appeal stands allowed, in terms of the signed order.
• 3. Pending applications, if any, also stand disposed of.

(RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH) (Signed Order is placed on the file)