Delay condoned.

Leave granted.

This appeal takes exception to the judgment and order dated 05-12-2017 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 5676/2017 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Digitally signed by DEEPAK SINGH

The High Court has proceeded on the finding that the Date: 2022.03.21 19:37:47 IST Reason: admitted position on record is that the compensation amount had not been offered. However, the High Court has 2 not recorded any finding, whatsoever, regarding the factum of possession, although the case of the appellant(s) was that possession had already been taken.

If that contention is accepted, the relief has granted by the High Court cannot be countenanced in light of the exposition of of the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

Without expressing any opinion either way on the relevant facts to be decided in the writ petition, we set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the writ petition on its own merits and in accordance with law.

All contentions available to both sides are left open.

The parties to appear before the High Court on 12.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously.

It will be open to the parties to file further affidavits/documents before the High Court in the 3 remanded proceedings, if they so desire, before 12.04.2022.

The appeal is disposed of in the above terms. Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No._______ of 2022) [Diary No. 28896 of 2021] HARYANA URBAN DEVELOPMENT AUTHORITY & ORS. Appellant(s) VERSUS KALIRAM & ORS. Respondent(s) WITH O R D E R Leave granted.

This appeal takes exception to the judgment and order dated 05-12-2017 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 17514/2016 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The High Court has proceeded on the finding that admitted position on record is that the compensation amount had not been offered. However, the High Court has not recorded any finding, whatsoever, regarding the 5 factum of possession, although the case of the appellant was that possession had already been taken. If that contention is accepted the relief has granted by the High Court cannot be countenanced in light of the exposition of of the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

Without expressing any opinion either way on the relevant facts to be decided in the writ petition, we set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the writ petition on its own merits and in accordance with law.

All contentions available to both sides are left open.

The parties to appear before the High Court on 13.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously. It will be open to the parties to file further affidavits/documents before the High Court in the remanded proceedings, if they so desire, before 6 13.04.2022.

The appeal is disposed of in the above terms. Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No. 21167 of 2018) THE STATE OF HARYANA & ORS. Appellant(s) VERSUS MAHINDER SINGH & ORS. Respondent(s) O R D E R Leave granted.

This appeal takes exception to the judgment and order dated 27.10.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 5430/2014 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The principal grievance of the appellant(s) is that the High Court has erroneously proceeded to assume that the respondent(s)-writ petitioner(s) continue to remain in physical possession of the land. However, possession of the land was taken under the award dated 01.05.1987. Moreover, the High Court has referred to interim relief 8 in CWP No. 3327/1997 vide order dated 03.06.1997 in which the private respondent(s)-writ petitioner(s) were not party. In other words, no such interim protection was operating in favour of the private respondent(s). The High Court has not dealt with these aspects at all.

Accordingly, we deem it appropriate to set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the writ petition(s) on its own merits and in accordance with law, keeping in mind the exposition of the Constitution Bench in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

All contentions available to both sides are left open.

The parties to appear before the High Court on 19.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously.

It will be open to the parties to file further affidavits/documents before the High Court in the remanded proceedings, if they so desire, before 19.04.2022.

The appeal is disposed of in the above terms. Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No.24246 of 2018) THE STATE OF HARYANA & ORS. Appellant(s) VERSUS DHARAM PAL & ORS. Respondent(s) O R D E R Leave granted.

This appeal takes exception to the judgment and order dated 27.10.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 5905/2016 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The High Court has noted that the Collector in his written statement in paragraph 5 has admitted that writ- petitioner(s) did not give consent to receive compensation amount. However, no clear finding has been recorded as to the factum of possession and compensation. 11

Depending on that finding, relief as claimed by the writ-petitioner(s) for declaration that the acquisition proceedings had lapsed in light of the exposition of of the Constitution Bench of this Court in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

Accordingly, we deem it appropriate to set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the writ petition(s) on its own merits and in accordance with law.

All contentions available to both sides are left open.

The parties to appear before the High Court on 20.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously.

It will be open to the parties to file further affidavits/documents before the High Court in the remanded proceedings, if they so desire, before 20.04.2022.

The appeal is disposed of in the above terms. 12 Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No.27379 of 2018) THE STATE OF HARYANA & ORS. Appellant(s) VERSUS DR. A.C. NAGPAL Respondent(s) O R D E R Leave granted.

This appeal takes exception to the judgment and order dated 27.10.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 22073/2013 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The High Court has noted in the impugned order that the plea taken by the writ-petitoiner(s) is that he continued to remain in possession and he did not consent to receive the compensation amount nor the compensation amount has been deposited or paid. The High Court without recording a clear finding of fact on the factum of 14 possession and compensation proceeded to grant relief in favour of the writ-petitioner(s).

In absence of that foundational fact, we deem it appropriate to set aside the impugned judgment and order and relegate the parties before the High Court for reconsideration of the writ petition(s) on its own merits and in accordance with law, to be decided on its own merits in accordance with law keeping in mind the exposition of the Constitution Bench in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

Learned counsel for the respondent would contend that the writ petition filed by the respondent(s) before coming into force 2013 Act and the respondent(s) has raised several other issues in the said writ petition(s).

All contentions available to both sides are left open.

As aforesaid, we are not expressing any opinion either way on the contention available to the parties and the same be dealt with by the High Court approrpaitely in accordance with law.

The parties to appear before the High Court on 27.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously. It will be open to the parties to file further affidavits/documents before the High Court in the remanded proceedings, if they so desire, before 20.04.2022.

The appeal is disposed of in the above terms. Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No.3756 of 2020) HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. & ORS. Appellant(s) VERSUS M/S. PENAM LABORATORIES LTD. Respondent(s) O R D E R Despite service, no one chosen to appear on behalf of the respondent.

Leave granted.

This appeal takes exception to the judgment and order dated 27.10.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 2627/2014 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In paragraph 30 of the impugned judgment and order, the High Court has recorded as follows:

Despite this finding, the High Court has granted relief to the respondent which is manifestly wrong in light of the exposition of the Constitution Bench in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

Hence, the impugned judgment and order is set aside and the appeal is allowed.

Consequently, the writ petition filed by the private respondent before the High Court stands dismissed. Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2022 (Arising from SLP(C) No. of 2022) (Diary No. 5958 of 2020) HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. & ORS. Appellant(s) VERSUS M/S. SOUTH WEST PROBUILD PVT. LTD. Respondent(s) O R D E R Considering the facts of the present case, we condone the delay in filing the present special leave petition despite the objection taken by the learned counsel for the respondent(s).

Leave granted.

This appeal takes exception to the judgment and order dated 27.10.2016 passed by the High Court of Punjab & Haryana at Chandigarh in CWP No. 3475 of 2014 (O&M), whereby the High Court has declared the acquisition proceedings in respect of subject land as lapsed in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In paragraph 21 of the impugned judgment and order, the High Court has noted thus:

"21. State of Haryana has filed its written statement in which though it was claimed that physical possession was handed over to HSIIDC but as regard to the compensation, it is admitted in para 6 of the affidavit that the award money has not been received by the petitioner and it has been deposited in the Court of Additional District Judge, Gurgaon only on 10.11.2014 i.e. much after the new Act came into force on 01.01.2014."

The appeals asserts that possession of the land has been taken over on 11.08.2003. If this is factually correct, no relief can be given to the writ-petitioner(s) in light of the exposition of the Constitution Bench in Indore Development Authority vs. Manoharlal & Ors. reported in (2020) 8 SCC 129.

Learned counsel for the respondent(s) would, however, contend that there is serious dispute about the factum of possession being taken over by the appropriate authority.

In our opinion, therefore, it is just and proper that the parties are relegated before the High Court for deciding the writ petition afresh on its own merits and in accordance with law.

All contentions available to both sides are left open.

The parties to appear before the High Court on 25.04.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously. The parties are free to file further affidavits/documents in the remanded proceedings before the High Court on or before 25.04.2022. It will be open to the parties to file further affidavits/documents before the High Court in the remanded proceedings, if they so desire, before 20.04.2022.

The appeal is disposed of in the above terms. Pending application(s) shall stand disposed of.

....................,J.

(A.M. KHANWILKAR) ....................,J.

(C.T. RAVIKUMAR) NEW DELHI;

MARCH 14, 2022.

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 29227/2021 (Arising out of impugned final judgment and order dated 05-12-2017 in CWP No. 5676/2017 passed by the High Court Of Punjab & Haryana At Chandigarh) CHAIRPERSON CUM ZONAL ADMINSTRATIVE HUDA CUM ADDL. DIRECTOR & ORS. Petitioner(s) VERSUS BALKISHAN & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.161260/2021-CONDONATION OF DELAY IN FILING AND IA No. 161260/2021 - CONDONATION OF DELAY IN FILING) WITH Diary No(s). 28896/2021 (IV-B) (FOR CONDONATION OF DELAY IN FILING ON IA 169657/2021 IA No. 169657/2021 - CONDONATION OF DELAY IN FILING) Diary No(s). 29475/2021 (IV-B) (FOR ADMISSION and I.R. and IA No.168268/2021-CONDONATION OF DELAY IN FILING AND IA No. 168268/2021 - CONDONATION OF DELAY IN FILING) SLP(C) No. 27374/2018 (IV-B) (IA No. 183020/2018 - APPLICATION FOR SUBSTITUTION) SLP(C) No. 21167/2018 (IV-B) SLP(C) No. 24246/2018 (IV-B) SLP(C) No. 27379/2018 (IV-B) SLP(C) No. 3756/2020 (IV-B) Diary No(s). 5958/2020 (IV-B) IA No. 84645/2020 - CONDONATION OF DELAY IN FILING IA No. 84647/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 28728/2021 (IV-B) (FOR CONDONATION OF DELAY IN FILING ON IA 164511/2021 IA No. 164511/2021 - CONDONATION OF DELAY IN FILING) Date : 14-03-2022 These matters were called on for hearing today. CORAM :

SLP(C) D. Nos. 29227 and 28896 of 2021 and SLP(C) Nos. 21167, 24246 and 27379 of 2018 and D. No. 5958 of 2020 Delay condoned.

Leave granted.

The appeals are disposed of in terms of the signed order.

Pending applications, if any, stand disposed of. 25 SLP(C) No. 3756 of 2020 Leave granted.

The appeal is allowed in terms of the signed order. Pending applications, if any, stand disposed of.

[Seven signed orders are placed on the file]