LEHRI SINGH ALIAS LEHARI SINGH LEHRI SINGH ALIAS LEHARI SINGH v. STATE OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS
Case Details
190 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH CR-1482-2025 2025 March 12, 2025 Date of Decision: March 12, 2025 Date of Decision: LEHRI SINGH ALIAS LEHARI SINGH LEHRI SINGH ALIAS LEHARI SINGH Versus STATE OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS ........Petitioner ........Respondents CORAM: HON'BLE MR. JUSTICE
Legal Reasoning
HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: , Advocate and Ms. Malvi Aggarwal, Advocate and Ms. Malvi Aggarwal Mr. Karan Singla, Advocate for the Mr. Karan Singla, Advocate for the petitioner. HARKESH MANUJA, J. (ORAL) HARKESH MANUJA **** 1. of Prayer in the present civil revision petition is for issuance of Prayer in the present civil revision petition is for issuance Prayer in the present civil revision petition is for issuance ion direction to the learned Executing Court to decide the execution direction to the learned Executing Court to decide the execut direction to the learned Executing Court to decide the execut application bearing EXE/853/2019 dated application bearing EXE/853 /2019 dated 20.09.2019 titled as “Lehri “Lehri within a time bound manner and others vs. State of Punjab” within a time bound manner and others vs. State of Punjab” Singh and others vs. State of Punjab” period. 2. kanals and 16 marla, Admittedly, land measuring 592 acres, 7 kanals and 16 marla, Admittedly, land measuring 592 acres, 7 Admittedly, land measuring 592 acres, 7 situated in the revenue estates of 10 villages, namely, Shahpurnau Abad situated in the revenue estates of 10 villages, namely, Shahpurnau Abad situated in the revenue estates of 10 villages, namely, Shahpurnau Abad situated in the revenue estates of 10 villages, namely, Shahpurnau Abad Theri, Andana, Mandvi, Chandu, Makror Sahib, Nawangaun, Jaswantpur Theri, Andana, Mandvi, Chandu, Makror Sahib, Nawangaun, Jaswantpur Theri, Andana, Mandvi, Chandu, Makror Sahib, Nawangaun, Jaswantpur Theri, Andana, Mandvi, Chandu, Makror Sahib, Nawangaun, Jaswantpur @Hotipur, Baupur, Banarsi and Khanori Kalan, was acquired for the public @Hotipur, Baupur, Banarsi and Khanori Kalan, was acquired for the public @Hotipur, Baupur, Banarsi and Khanori Kalan, was acquired for the public @Hotipur, Baupur, Banarsi and Khanori Kalan, was acquired for the public ankment and widening of Ghaggar river, followed purpose namely, for embankment and widening of Ghaggar river, followed ankment and widening of Ghaggar river, followed purpose namely, for emb by an award dated 12.04.2008, whereby, the Land Acquisition Collector by an award dated 12.04.2008, whereby, the Land Acquisition Collector by an award dated 12.04.2008, whereby, the Land Acquisition Collector by an award dated 12.04.2008, whereby, the Land Acquisition Collector awarded compensation @ of Rs.6,00,000/- awarded compensation @ of Rs.6,00,000/ per acre including solatium - per acre including solatium ua the qua the land of 09 villages at flat rate and Rs.10,00,000/- per acre qua the qua the land of 09 villages at flat rate and Rs.10,00,000/ qua the land of 09 villages at flat rate and Rs.10,00,000/ land of village Khanouri. land of village Khanouri. 3. Feeling dissatisfied, the land owners filed petitions under Feeling dissatisfied, the land owners filed petitions under Feeling dissatisfied, the land owners filed petitions under Feeling dissatisfied, the land owners filed petitions under Section 18 of the Land Acquisition Act, 1894 before the Reference Court, Section 18 of the Land Acquisition Act, 1894 before the Reference Court, Section 18 of the Land Acquisition Act, 1894 before the Reference Court, Section 18 of the Land Acquisition Act, 1894 before the Reference Court, which were dismissed vide common order dated 15.12.2010. Dissatisfied which were dismissed vide common order dated 15.12.2010. Dissatisfied which were dismissed vide common order dated 15.12.2010. Dissatisfied TEJWINDER SINGH 2025.03.18 09:45 I attest to the accuracy and integrity of this document CR-1482-2025 -2- with the aforesaid order dated 15.12.2010, the land owners including the petitioner approached this Court by way of number of appeals, which were partly allowed on 27.01.2016 while enhancing the compensation from Rs. 6 lakhs to Rs.15,95,600/- per acre qua 09 villages and as regards village Khanouri, compensation was enhanced from Rs.10,00,000/- to Rs.21,00,000/- per acre. Thereafter, the petitioner filed execution application, which was disposed of vide order dated 27.02.2017, vide which, the decree holders, including the petitioner was awarded compensation excluding solatium and interest. Aggrieved against the aforesaid order, the petitioner and other landowners challenged the order
Decision
by filing CR No.4676-2017 before this Court, which was disposed of vide order dated 21.07.2017 with direction to the learned ADJ, Sangrur to re- evaluate the objections raised by the judgment debtor-State. Accordingly, vide order dated 20.12.2017, learned ADJ, Sangrur, reassessed the compensation at the rate of Rs.39,50,082/- per acre, subject to the deduction of amounts already paid to the decree holders on 27.02.2017, but till date the respondents have not released the full compensation. Thereafter, the petitioner/land owner filed execution application No. EXE/853/2019 before the Reference Court, Sangrur. 4. Learned counsel for the petitioner submits that the petitioner being aggrieved of the delay has filed the present revision petition for issuance of direction to the Executing Court concerned to decide the execution petition expeditiously, in a time bound manner. 5. 6. I have heard the learned counsel for the petitioner. A perusal of record shows that execution petition (Annexure P-3) filed by the petitioner on 06.11.2019, is still pending and the petitioner TEJWINDER SINGH 2025.03.18 09:45 I attest to the accuracy and integrity of this document CR-1482-2025 -3- is waiting to get his full amount of compensation on the basis of decision dated 27.01.2016 passed by this Court as well as in view of judgment dated 27.12.2017 passed by the learned Additional District Judge, Sangrur. 7. In Rahul S. Shah Vs. Jinendra Kumar Gandhi and others (2021) 6 SCC 418, the Hon’ble Supreme Court held as follow:- “That the executing Court must dispose of execution proceeding within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay.” 8. In view of the aforementioned legal position, the Executing Court is requested to dispose of the execution No.EXE/853/2019 as expeditiously as possible, preferably within a period of next 06 months from today, as any further delay may cause serious prejudice to the rights of the petitioners-land owner. 9. It is made clear that nothing stated herein-above shall be construed as an expression of opinion on the merits of the execution proceedings. 10. The present petition is disposed of in aforesaid terms without issuance of any notice to the respondents as it may cause further delay in the proceedings. 11. Pending application, if any, stands disposed of. 12.03.2025 Tejwinder Whether speaking/reasoned Whether Reportable (HARKESH MANUJA) JUDGE Yes/No Yes/No TEJWINDER SINGH 2025.03.18 09:45 I attest to the accuracy and integrity of this document