options available to respondents before notice issued

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 5 months, 3 weeks ago.

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  • #3723

    sir in the matter of
    case no. cwp 16550 of 2016 at high court of punjab and haryana, regarding land acquisition, order was issued against the state of haryana by the hon. high court on 30 november 2016 accepting the appeal and the land acquisition proceeding was declared as lapsed but petitioner was ordered to maintain status quo for 1 year, i.e. till 30 november 2017 so that if the government requires the land then they can acquire it under new law of 2013 with revised compensation, but no action was taken by the government.
    now,
    on 14 october 2017, the state of haryana filled a special leave petition in hon. supreme court with diary entry no. 33405 of 2017.
    no caveat was filled in the supreme court by petitioners of high court.
    on the website of supreme court, the diary entry is shown as pending and one defect has been mentioned as notified on 26 october 2017 but it has not been rectified.
    No listing date of past or future has been mentioned as of yet.
    we are the respondents in this case but have not been issued notices yet.
    my question is
    1. can we file a caveat now, since the petition has not been accepted yet?
    2. we are certain that as per the facts of the case we are in good standing and the only motive behind filling this slp by the state is to delay the procedure of justice, so can we any how represent our case before it is accepted and get the slp despossed off so that further delay can be prevented?
    3. the notice period of high court is over and petition not yet accepted in supreme court, so where do we stand now? do we have an automatic stay on further land acquisition proceeding or should we apply one separately?
    4. what other options are available to us?

    any other suggestion that you may find helpful shall be much appreciated.

    thank you in advance.

  • #3725

    Yes, it should be possible to file caveat in the situation described by you.

    If a notice is issued by the Supreme Court in the SLP, then you can argue on merits of the case in order to get it dismissed.

    Merely because an SLP is filed, there is no automatic extension of the time period directed by the high court for maintaining the status quo. From the facts mentioned by you, it appears that the extension of this period will rather act against you, so I fail to understand why do you want to get this period extended?

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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