The High Court
Case Details
CR-857-202 2025 (O&M) [1] 243 IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH R-857-2025 CR Date of Decision: 10.02.2025 Date Pathankot Improvement Trust through its Chairman Pathankot Improvement Trust through its Chairman Pathankot Improvement Trust through its Chairman VERSUS ...Petitioner Bhagwant Singh and others Bhagwant Singh and others ...Respondents ...Respondent
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE r. Dharam Vir Sharma, Sr. Advocate with Present : Mr. Dharam Vir Sharma, Sr. Advocate with Present : s. Sunder Kumari, Advocate for the petitioner. Ms. Sunder Kumari, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, By way of present revision petition, challenge has been By way of present revision petition, challenge has been By way of present revision petition, challenge has been cum- an order dated 19.10.2024 passed by District Judge-cum an order dated 19.10.2024 passed by District Judge laid to an order dated 19.10.2024 passed by District Judge Executing Court, Pathankot. Executing Court, Pathankot 2. Briefly stating, feeling dissatisfied the compensation dissatisfied with the compensation awarded on account of acquisition awarded Village acquisition of land situated in Village Pathankot, respondent No.1 sought reference which came to be Pathankot, respondent No.1 sought reference which came to be Pathankot, respondent No.1 sought reference which came to be Pathankot, respondent No.1 sought reference which came to be President, Improvement adjudicated upon by the District Judge-cum-President, Improvement adjudicated upon by the District Judge adjudicated upon by the District Judge Trust Tribunal, Pathankot vide order dated 07.10. Trust Tribunal, Pathankot while granting vide order dated 07.10.2022, while granting the following reliefs:- the following reliefs: “22. In view of my findings on the above said issues, view of my findings on the above said issues, this application is accepted with costs. The this application is accepted with costs. The this application is accepted with costs. The per applicants are entitled for Rs.1,16,200/- per applicants are entitled for Rs.1,16,200/ as compensation of acquired land. They marla as compensation of acquired land. They as compensation of acquired land. They are also entitled for 12% increase on the market are also entitled for 12% increase on the market are also entitled for 12% increase on the market SANJAY GUPTA 2025.02.14 16:26 I attest to the accuracy and authenticity of this document CR-857-202 2025 (O&M) [2] mencing on land from value for the period commencing on land from value for the period com the date of notification under Section 4 of the the date of notification under Section 4 of the the date of notification under Section 4 of the Act till the date of the Award of the Collector or Act till the date of the Award of the Collector or Act till the date of the Award of the Collector or taking possession which ever is earlier under taking possession which ever is earlier under taking possession which ever is earlier under Section 23 (1) (A) of the Act, solatium @ 30%, Section 23 (1) (A) of the Act, solatium @ 30%, Section 23 (1) (A) of the Act, solatium @ 30%, 15% interest @ 9% p.a. for the first year and @ 15% interest @ 9% p.a. for the first year and @ p.a. for the subsequent years till the payment of p.a. for the subsequent years till the payment of p.a. for the subsequent years till the payment of amount. However, the amount of the award will amount. However, the amount of the award will amount. However, the amount of the award will be adjusted to the extent, the Collector has be adjusted to the extent, the Collector has be adjusted to the extent, the Collector has already awarded any compensation, which have already awarded any compensation, which have already awarded any compensation, which have been received by the applicant. Counsel fee is been received by the applicant. Counsel fee is been received by the applicant. Counsel fee is . Memo of costs be assessed at Rs.3,000/-. Memo of costs be assessed at Rs.3,0 prepared. File be arranged, indexed, compiled prepared. File be arranged, indexed, compiled prepared. File be arranged, indexed, compiled and consigned to the Record Room.” and consigned to the Record Room.” 3. Based thereupon, the landowner/ respondent No.1 sought Based thereupon, the landowner/ respondent No.1 sought Based thereupon, the landowner/ respondent No.1 sought execution, wherein the petitioner/ judgment debtor (JD) failed to execution, wherein the petitioner/ judgment debtor (JD) failed to execution, wherein the petitioner/ judgment debtor (JD) failed to execution, wherein the petitioner/ judgment debtor (JD) failed to y thereby compelling respondent No.1- deposit even a single penny thereby compelling respondent No.1 y thereby compelling respondent No.1 deposit even a single penn landowner/ decree holder (DH) to file application under Order 21 Rule landowner/ decree holder (DH) to file application under Order 21 Rule landowner/ decree holder (DH) to file application under Order 21 Rule landowner/ decree holder (DH) to file application under Order 21 Rule 41 CPC for directing the JD to furnish the details of properties. The 41 CPC for directing the JD to furnish the details of properties. The 41 CPC for directing the JD to furnish the details of properties. The 41 CPC for directing the JD to furnish the details of properties. The was opposed at the instance of JD by filing reply. The said application was opposed at the instance of JD by filing reply. The was opposed at the instance of JD by filing reply. The said application
Decision
ng Court vide its order dated 19.10.2024 disposed of the said Executing Court vide its order dated 19.10.2024 disposed of the said ng Court vide its order dated 19.10.2024 disposed of the said ng Court vide its order dated 19.10.2024 disposed of the said application with the following observations: application with the following observations:- As earlier, this Court has already attached the “5. As earlier, this Court has already attached the As earlier, this Court has already attached the property on 01.01.2024 duly reflected in order property on 01.01.2024 duly reflected in order property on 01.01.2024 duly reflected in order dated 15.01.2024. However, JDs are objecting dated 15.01.2024. However, JDs are objecting dated 15.01.2024. However, JDs are objecting he earlier attachment on the ground that to the earlier attachment on the ground that he earlier attachment on the ground that major part of the attached property does not major part of the attached property does not major part of the attached property does not belong to Judgment debtors i.e. Improvement belong to Judgment debtors i.e. Improvement belong to Judgment debtors i.e. Improvement Trust Pathankot. The part of the property is sold Trust Pathankot. The part of the property is sold Trust Pathankot. The part of the property is sold in open auction and part of it is sold by way of in open auction and part of it is sold by way of in open auction and part of it is sold by way of SANJAY GUPTA 2025.02.14 16:26 I attest to the accuracy and authenticity of this document CR-857-202 2025 (O&M) [3] ome part of it is public allotment and lottery and some part of it is public allotment and lottery and s use as Gair Mumkin Rasta/ Sarak. It is also use as Gair Mumkin Rasta/ Sarak. It is also use as Gair Mumkin Rasta/ Sarak. It is also objected that some of the property is purchased objected that some of the property is purchased objected that some of the property is purchased by different persons cannot be put to sale. by different persons cannot be put to sale. 6. As per the properties attached by this court are As per the properties attached by this court are As per the properties attached by this court are claimed claimed claimed to be purchased by others and to be purchased by others and to be purchased by others and properties have been allotted to other persons. properties have been allotted to other persons. properties have been allotted to other persons. In fitness of thing, it would be best that the In fitness of thing, it would be best that the In fitness of thing, it would be best that the judgment debtors are directed to declare the judgment debtors are directed to declare the judgment debtors are directed to declare the properties which are in their ownership and properties which are in their ownership and properties which are in their ownership and possession and not allotted or sold to anyone possession and not allotted or sold to anyone possession and not allotted or sold to anyone ttachment is ordered to else. Hence, the earlier attachment is ordered to else. Hence, the earlier a be withdrawn and JDs are directed by this order be withdrawn and JDs are directed by this order be withdrawn and JDs are directed by this order to disclose the properties in their ownership and to disclose the properties in their ownership and to disclose the properties in their ownership and possession by way of affidavit. The application possession by way of affidavit. The application possession by way of affidavit. The application under Order 21 Rule 41 CPC is disposed of with under Order 21 Rule 41 CPC is disposed of with under Order 21 Rule 41 CPC is disposed of with the aforesaid directions.” the aforesaid directions.” 4. Senior counsel for the petitioner vehemently Learned Senior counsel for the petitioner vehemently Senior counsel for the petitioner vehemently submits that since the reference seeking enhancement was invoked submits that since the reference seeking enhancement was invoked submits that since the reference seeking enhancement was invoked submits that since the reference seeking enhancement was invoked at the instance of respondent No.1/ landowner after around 05 years at the instance of respondent No.1/ landowner after around 05 years at the instance of respondent No.1/ landowner after around 05 years at the instance of respondent No.1/ landowner after around 05 years of the award dated 26.07.2011, the Reference Court committed an of the award dated 26.07.2011, the Reference Court committed an of the award dated 26.07.2011, the Reference Court committed an of the award dated 26.07.2011, the Reference Court committed an ile entertaining the reference petition and thus the award illegality while entertaining the reference petition and thus the award ile entertaining the reference petition and thus the award illegality wh President, 07.10.2022 passed by the District Judge-cum-President, 07.10.2022 passed by the District Judge dated 07.10.2022 passed by the District Judge Improvement Trust Tribunal, Pathankot could not be executed. Improvement Trust Tribunal, Pathankot could not be executed. Improvement Trust Tribunal, Pathankot could not be executed. 5. I have heard learned Senior counsel for the petitioner and I have heard learned Senior counsel for the petitioner and I have heard learned Senior counsel for the petitioner and gone through the paper-book. gone through 6. As per the settled cannons of law, the Executing Court As per the settled cannons of law, the Executing Court As per the settled cannons of law, the Executing Court cannot travel beyond the decree/ award passed by the Reference cannot travel beyond the decree/ award passed by the Reference cannot travel beyond the decree/ award passed by the Reference cannot travel beyond the decree/ award passed by the Reference SANJAY GUPTA 2025.02.14 16:26 I attest to the accuracy and authenticity of this document CR-857-202 2025 (O&M) [4] Court and thus no such plea as raised by the learned Senior counsel Court and thus no such plea as raised by the learned Senior counsel Court and thus no such plea as raised by the learned Senior counsel Court and thus no such plea as raised by the learned Senior counsel ion arising out of the can be entertained at this stage in a civil revision arising out of the can be entertained at this stage in a civil revis can be entertained at this stage in a civil revis execution proceedings. execution proceedings. 7. Moreover, the order passed by the Executing Court Moreover, the order passed by the Executing Court Moreover, the order passed by the Executing Court ly been directed to appears to be most justifiable as the JD has merely been directed to appears to be most justifiable as the JD has mer appears to be most justifiable as the JD has mer disclose the property under its ownership and possession by way of disclose the property under its ownership and possession by way of disclose the property under its ownership and possession by way of disclose the property under its ownership and possession by way of filing an affidavit. filing an affidavit 8. Thus, finding no illegality or perversity with the impugned Thus, finding no illegality or perversity with the impugned Thus, finding no illegality or perversity with the impugned order dated 19.10.2024 passed by the order dated 19.10. xecuting Court, the present passed by the Executing Court, the present revision petition being devoid of merits, is hereby dismissed. revision petition being devoid of merits, is hereby dismissed. revision petition being devoid of merits, is hereby dismissed. 9. Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand disposed of. disposed of. 10.02.2025 10.02.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.02.14 16:26 I attest to the accuracy and authenticity of this document