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State of Haryana Vs. Devander Sagar [07/09/15]

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[Civil Appeal No. 318 of 2011]. This Appeal questions the correctness of the Judgment dated 12.3.2008 delivered by the Division Bench of the High Court of Punjab and Haryana in C.W.P. No. 1123 of 2006, on the basis of which the High Court had also allowed C.W.P. No. 1465 of 2006, C.W.P. No. 2166 of 2007, C.W.P. No. 7066 of 2008 and C.W.P. No. 7353 of 2008. Civil Appeal No. 318 of 2011 and Civil Appeal Nos. 459-462 of 2011 respectively assail these Judgments. It merits to mention that the connected Civil Appeal No. 535 of 2011 was, on the unrefuted submission made by the learned counsel for the Respondents/Landowners in that Appeal, dismissed as infructuous by an Order dated 11.3.2015 of this Court; the submission was that the Public Notice dated 8.4.2010 had released the subject land from acquisition. The State of Haryana had issued a Notification under Section 4 of the Land Acquisition Act, 1984 ('L.A. Act' for brevity) on 18.1.2001 to acquire 12.18 acres of land falling in Village Khera Markanda and 11.64 acres of land falling in Village Ratgal as mentioned in the Schedule thereto for the construction of a fell-storm sewer, a sewage-treatment plant and a crematorium (Shamshan Ghat) at Kurukshetra.

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