Shakuntala Yadav & Ors. Vs. State of Harayana & Ors.
The Land Acquisition Act, 1894 - Section 48 , Section 16
Release of Land - Prayer rejected by High Powered Committee that possession handed over to HUDA and the same affirmed by High Court - No Rojnamacha to show that the physical possession had already been taken, nor any pleadings in that regard - Submission made on behalf of the State that the possession had already been taken and handed over to HUDA repelled as unless the property is taken possession of, in accordance with law, there arises no question of handing over the property to HUDA - Symbolic possession will not serve the purpose - Held that in case the land of the appellants is in Lal Dora find no reason to deny, a similar treatment as has been granted to Millennium Industries Private Limited - Impugned orders passed by the High Court as well as order passed by High Powered Committee liable to be set aside - Request made by the appellants for release of their land remanded to respondent No.3 - High Powered Committee for consideration afresh - Made clear that the request of the appellants shall not be turned down, on the ground of operation of Section 16 of the Act.
Topic(s)-Land Acquisition - Release of Land - Remand Back