Lawstreet Journal

Punjab And Haryana High Court Rules-Cannot Direct The State To Decide To Representation Of Landowners To De-Notify Land Under Acquisition

Lawstreet Journal 9 Oct 2020 9:38pm

Image courtesy: Lawstreet Journal Judiciary Punjab And Haryana High Court Rules-Cannot Direct The State To Decide To Representation Of Landowners To De-Notify Land Under Acquisition

The Punjab and Haryana High Court on 1st October, 2020stated that only State has the authority and power to de-notify their land under acquisition as per Section 101A inserted vide Haryana Act no. 21 of 2018 which states the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Remarkably, this is the first time that Punjab and Haryana High Court have construed the provision enumerated under Section 101A of the said Act, 2013. 

The Court was of the opinion that it is very much clear under the abovementioned section that an individual landowner doesn’t have the right to seek for de-notification of his own land under acquisition. The Division Bench comprised Justice Daya Chaudhary and Justice Meenakshi I. Mehta who heard the order while interpreting Section 101A of the 2013 Act regarding the de-notification of land under acquisition. 

Spirit of Section 101A of the Act, 2013

The Court was hearing 2 petitions regarding the same matter where the petitioners prayed for liberty to approach the State government under the said Section 101A of the Act to be granted to the landowner or writ applicant whose land was acquired by the State. The main question was whether the applicant can approach the State or not for such matters. 

On examining the judgment of the Supreme Court in the Indore Development Authority’s case, the High Court inferred that, once the possession of the land is taken by the government authorities or the State government then the landowner or whosoever had the possession of the land would be… Continue Reading...


Tagged: Punjab and Haryana High Court  
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