Supreme Court Judgments 2016

Pawan Kumar Aggarwal Vs. State Of Punjab & Ors.

SUPREME COURT OF INDIA

DIVISION BENCH

( Before : Kurian Joseph; Rohinton Fali Nariman, JJ. )

PAWAN KUMAR AGGARWAL — Appellant

Vs.

STATE OF PUNJAB & ORS. — Respondent

Civil Appeal No.3789 of 2016 (Arising out of SLP (C) No. 5502 of 2014)

Decided on : 11-04-2016

Cases Referred

Karnail Kaur v. State of Punjab, (2015) 3 SCC 206

JUDGMENT

Kurian, J. – Leave granted.

2. It is not in dispute that though an award was passed in respect of the land belonging to the appellant, the appellant has not been dispossessed and hence the appellant is entitled for the protection under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In fact, we find that in respect of the same very acquisition Notification in a situation where the possession is still retained by the owner, this Court by Judgment dated 22.01.2015 in C.A.No.7424 of 2013 titled Karnail Kaur and Ors. Vs. State of Punjab and Ors. reported in 2015 (3) SCC 206 has quashed the Notification, therefore, this appeal is allowed.

Proceedings for acquisition in respect of the land belonging to the appellant covered by this appeal stand quashed.


(2016) AIR(SC) 2223 : (2016) 7 SCC 614

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