Litigation
Ravi Chand Garg
(Querist) 11 September 2015
This query is : Resolved
Haryana Urban Development Authority had acquired my land measuring 1270 Sq yards in 1987 under LA Act 1894. After long litigation in the Hon'ble P&H High Court it was released in 1991 as similar other lands were released.
However Haryana Urban Development Authority again issued Notification Under sec 4 Of LA Act 1894 for acquiring the same land in 2001 . After long Litigation the same was released on 23.5.14 by the hon'ble P&H high court due to applicability of Sec 24(2) of LA Act 1914. The court put a restriction on sale or construction for one year giving the the acquirer one yr time to a time to acquire again .This time has also ended in May 1915.
Now we have learnt that Haryana Urban Development Authority is seriously considering to Appeal against the High Court Judgement. This has put serious doubts in the minds of people, as no body wants to purchase this land and I also feel reluctant to do any construction.
My query is
1) Whether they can Appeal even after more than 15 months have passed after the high court order. Normal time for appeal is 3 months.
2)Whether the HUDA can acquire the same land again and again and put the land holder in trouble.This way HUDA can indefinitely go on acquiring land again and again and put the land holder to perpetual litigation
3)Is principle of RES JUDICATA and Estopple not applicable to land acquisition. A representation sent to CHIEF Minister Haryana recently giving more details is attached
R C GARG
R.K Nanda
(Expert) 13 September 2015
consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
You have approached the courts and have already been given reliefs by courts so any further query on the subject which is not existing, is not having a value attracting experts opinion, your advocate will be the better person to advise you further on this subject.
