Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.513 OF 2016
(Arising out of SLP(C)No.2263/2015 @ SLP..CC 1098/2016)
LAL CHAND LOHIA & ANR. ... APPELLANT(S)
VS.
STATE OF HARYANA & ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. Heard the learned counsel for the appellants. In the
facts of the case, we do not consider it necessary to
issue notice and proceed to pass exparte order, with
liberty to the State to move this Court, if considered
necessary.
JUDGMENT
3. A big chunk of land was sought to be acquired. One
part of the said land belongs to the appellants herein.
4. It has been submitted by the learned counsel
appearing on behalf of the appellants that the said land
is to be used for the purpose of establishment of a
Medical College, though, in the Notification issued under
Section 4 of the Land Acquisition Act, 1894 it was stated
that the land was to be acquired for Delhi Metro Rail
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Corporation Project.
5. It has also been submitted that having regard to the
size of the land which is only around 1000 sq. yards, no
medical college can be established. The appellants were
given small plots for rehabilitation and since this aspect
does not appear to have been gone into by the High Court,
we set aside the impugned order and remit the matter to
the High Court. The civil writ petition is restored to
its original number. The High Court shall reexamine the
petition and take a decision afresh.
6. The appeal is disposed of as allowed with no order as
to costs. Pending application, if any, stands disposed
of. It is made clear that we have not expressed any
opinion on merits.
..............J.
[ANIL R. DAVE]
JUDGMENT
..............J.
[ADARSH KUMAR GOEL]
New Delhi;
nd
22 January, 2016.
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