Supreme Court Remits Land Acquisition Case in Haryana for Fresh Consideration

The Supreme Court of India recently ruled on the case Lohit & Anr. vs. State of Haryana & Ors., addressing a land acquisition dispute that had been decided by the Punjab and Haryana High Court. The appellants sought relief, arguing that they were similarly situated to petitioners in a related case where the judgment had already been set aside and remitted for fresh consideration. The Supreme Court agreed with their contention and remitted the case to the High Court for a fresh hearing.

Background of the Case

The appellants, Lohit and another, challenged a judgment delivered by the Punjab and Haryana High Court on November 28, 2016, in R.F.A. No. 642 of 2016. The case pertained to land acquisition proceedings initiated by the State of Haryana, where the compensation awarded to landowners was disputed.

The appellants contended that their case was identical to Civil Appeal No. 20050 of 2017 and other connected matters, in which the Supreme Court had previously set aside the High Court’s decision and remitted the cases for fresh adjudication.

Arguments Presented

Petitioners’ Arguments

• The petitioners argued that the High Court had already set aside judgments in similar cases and remitted them for reconsideration.
• They requested the Supreme Court to apply the same rationale to their case.
• They contended that denying them the same relief would be unfair and discriminatory.

Respondent’s Arguments

• The State of Haryana and other respondents opposed the appeal.
• They maintained that the High Court had fairly adjudicated the matter.
• They did not dispute the Supreme Court’s earlier remittance of similar cases.

Supreme Court’s Ruling

A bench comprising Justice Kurian Joseph and Justice Mohan M. Shantanagoudar reviewed the facts and determined that the petitioners were indeed in the same situation as those in cases already remitted for fresh consideration. Consequently, the Supreme Court ruled:

“In that view of the matter, the Judgment dated 28.11.2016 passed by the High Court of Punjab and Haryana in R.F.A. No.642 of 2016 is set aside and the matter is remitted to the High Court for consideration afresh along with connected matters already remitted to the High Court.”

Key Observations

The Supreme Court’s ruling emphasized the following:

• The need for consistency in judicial decisions.
• The importance of equal treatment for all similarly situated litigants.
• The procedural fairness required in land acquisition compensation cases.

Conclusion

The Supreme Court’s decision in Lohit & Anr. vs. State of Haryana ensures that all similarly placed litigants receive equal treatment under the law. The remittance of the case to the Punjab and Haryana High Court for fresh adjudication provides the appellants with a fair opportunity to present their case again.

Petitioner Name: Lohit & Anr.
Respondent Name: State of Haryana & Ors.
Judgment By: Justice Kurian Joseph, Justice Mohan M. Shantanagoudar
Judgment Date: 09-02-2018

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