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2016 DIGILAW 1000 (SC)

Haryana Urban Dev. Authority v. P. K. Dhawan

2016-07-25

A.M.SAPRE, J.CHELAMESWAR

body2016
ORDER : Abhay Manohar Sapre, J. So far as I.A. No. 22 of 2015 is concerned, it is filed by Ms. Anita Sharma d/o of Mr. S.S. Sharma, whereas I.A. No. 23 of 2015 is concerned, it is filed by Mr. Gurcharan Singh s/o Mr. Amar Singh. 2. The applicant of I.A. No. 23 of 2015 has filed the application seeking modification of order dated 07.09.2015 passed in C.A. No. 461 of 2011. 3. The prayer made in the application reads as under : (i) Modify the order and correct the factual errors that crept in Para 13 of the judgment dated 07.09.2015 rendered by this Hon'ble Court in C.A. No. 461 of 2011 and pass appropriate order in the light of statutory provision contained in Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or (ii) Grant liberty to the applicant to initiate proceedings founded on Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, in the appropriate Forum/Court, or (iii) Direct the trial/reference court to submit the factual report to this Hon'ble Court as to the status of compensation and possession of the land in question. 4. So far as applicant of I.A. No. 22 of 2015 is concerned, he too has made the same prayer in his application which is made in I.A. No. 23 of 2015. 5. These two applications are sequel to the order passed by this Court on 07.09.2015 in bunch of appeals being C.A. Nos. 459-462 of 2011 and other connected ones. These appeals arose out of land acquisition proceedings in relation to the land detailed in Para 2 of the order dated 07.09.2015. 6. We have heard the learned counsel for the parties and on hearing, we consider just and proper to grant liberty to the applicants as prayed in their applications quoted above in clause (ii). As prayed, the applicants are accordingly granted liberty to approach the appropriate forum. 6A. We make it clear that we have not expressed any opinion on the merits of the claim set up by the applicant in both the I.A.s under consideration except to grant liberty to approach to the appropriate forum. 7. I.A. No. 22 of 2015 and I.A. No. 23 of 2015 are accordingly stand disposed of.