Babita Yadav Babita Yadav v. State of Haryana and ors. State of Haryana and ors
Case Details
CWP-25742 25742-2022 (O&M) [1] 161 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 CWP CWP-25742-2022 (O&M) Date of Decision: 12.11.2025 Date of Decision: Babita Yadav Babita Yadav ...Petitioner VERSUS State of Haryana and ors. State of Haryana and ors. …Respondents …Respondents
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Mr. Sandeep Sharma, Advocate with Present: Mr. Sandeep Sharma, Advocate with Present: Mr. Rohan Moudgil, Advocate Mr. Rohan Moudgil, Advocate for the petitioner. Mr. Abhinav Kalia, DAG, Haryana. Mr. Abhinav Kalia, DAG, Haryana. Mr. P.S. Sandhu, Advocate for Mr. P.S. Sandhu, Advocate for Mr. H.S. Gill, Advocate for HSVP. Mr. H.S. Gill, Advocate for HSVP. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, Short reply by way of affidavit of Sh.Rakesh Saini, Estate Short reply by way of affidavit of Sh.Rakesh Saini, Estate Short reply by way of affidavit of Sh.Rakesh Saini, Estate I, HSVP, Gurugram on behalf of respondent No.3 has been filed Officer-I, HSVP, Gurugram on behalf of respondent No.3 has been filed I, HSVP, Gurugram on behalf of respondent No.3 has been filed I, HSVP, Gurugram on behalf of respondent No.3 has been filed in Court today. The same is taken on record. Registry to tag the same at in Court today. The same is taken on record. Registry to tag the same at in Court today. The same is taken on record. Registry to tag the same at in Court today. The same is taken on record. Registry to tag the same at appropriate place. appropriate place. 2. way of present writ petition, prayer made on behalf of the By way of present writ petition, prayer made on behalf of the way of present writ petition, prayer made on behalf of the petitioner is about disbursal of statutory interest on account of delayed petitioner is about disbursal of statutory interest on account of delayed petitioner is about disbursal of statutory interest on account of delayed petitioner is about disbursal of statutory interest on account of delayed disbursal of amount of compensation. disbursal of amount of compensation 3. situated Briefly stating, some land owned by the petitioner, situated Briefly stating, some land owned by the petitioner e of Village Narsinghpur, District Gurugram was in the revenue estate of Village Narsinghpur, District Gurugram was e of Village Narsinghpur, District Gurugram was in the revenue estat acquired vide notification dated 07.08.2013 issued under Section 4 of acquired vide notification dated 07.08.2013 issued under Section 4 of acquired vide notification dated 07.08.2013 issued under Section 4 of acquired vide notification dated 07.08.2013 issued under Section 4 of SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document CWP-25742 25742-2022 (O&M) [2] the Land Acquisition Act, 1894, for short ‘the Act’, followed by the Land Acquisition Act, 1894, for short ‘the Act’, followed by the Land Acquisition Act, 1894, for short ‘the Act’, followed by the Land Acquisition Act, 1894, for short ‘the Act’, followed by Land notification dated 05.08.2014 issued under Section 6 thereof. The Land notification dated 05.08.2014 issued under Section 6 thereof. notification dated 05.08.2014 issued under Section 6 thereof. Acquisition Collector, for short ‘the LAC’, had passed the award Acquisition Collector, for short ‘the LAC’, Acquisition Collector, for short ‘the LAC’, had passed the award on 06.06.2016, however, payment was released in favour of the petitioner 06.06.2016, however, payment was released in favour of the petitioner 06.06.2016, however, payment was released in favour of the petitioner 06.06.2016, however, payment was released in favour of the petitioner on 07.10.2019. It has thus been prayed that once the possession of the on 07.10.2019. It has thus been prayed that once the possession of the on 07.10.2019. It has thus been prayed that once the possession of the on 07.10.2019. It has thus been prayed that once the possession of the tioner/ landowner on the date acquired land was taken over from the petitioner/ landowner on the date acquired land was taken over from the peti acquired land was taken over from the peti the petitioner/landowner of passing of the Award i.e. 06.06.2016, then the petitioner/landowner of passing of the Award i.e. 06.06.2016, of passing of the Award i.e. 06.06.2016, was entitled for statutory interest payable in terms of Section 80 of the was entitled for statutory interest payable in terms of Section 80 of the was entitled for statutory interest payable in terms of Section 80 of the was entitled for statutory interest payable in terms of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Right to Fair Compensation and Transparency in Land Acquisition, Right to Fair Compensation and Transparency in Land Acquisition, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (for short ‘the 2013 Act’) Rehabilitation a nd Resettlement Act, 2013, (for short ‘the 2013 Act’), , for the delayed disbursal of the amount of compensation w.e.f. 07.06.2016 the delayed disbursal of the amount of compensation w.e.f. 07.06.2016 the delayed disbursal of the amount of compensation w.e.f. 07.06.2016 the delayed disbursal of the amount of compensation w.e.f. 07.06.2016 to 07.10.2019 to 07.10.2019 4. the plea raised on behalf of the On the other hand, the plea raised on behalf of the the plea raised on behalf of the learned petitioner has been vehemently opposed at the instance of learned petitioner has been vehemently opposed at the instance of petitioner has been vehemently opposed at the instance of State counsel while submitting that though the petitioner initially handed State counsel while submitting that though the petitioner initially handed State counsel while submitting that though the petitioner initially handed State counsel while submitting that though the petitioner initially handed to the office of LAC, Gurugram on over the requisite documents to the office of LAC, Gurugram on to the office of LAC, Gurugram on over the requisite document 24.09.2016, however, the bank account provided by the petitioner was 24.09.2016, however, the bank account provided by the petitioner was 24.09.2016, however, the bank account provided by the petitioner was 24.09.2016, however, the bank account provided by the petitioner was lted into delayed disbursal of not functional and as such the same resulted into delayed disbursal of not functional and as such the same resu not functional and as such the same resu the amount of compensation in her favour the amount of compensation in thus submits favour. Ld. Counsel thus submits that in such view of the matter, the writ petition was liable to be that in such view of the matter, the writ petition was liable to be that in such view of the matter, the writ petition was liable to be that in such view of the matter, the writ petition was liable to be dismissed as there was no fault on the part of respondents No.1 and 2 dismissed as there was no fault on the part of respondents No.1 and 2 dismissed as there was no fault on the part of respondents No.1 and 2 dismissed as there was no fault on the part of respondents No.1 and 2 used for released of compensation. towards the delay caused for released of compensation. towards the delay ca 5. I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the parties and gone through the paper-book. through the paper SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document CWP-25742 25742-2022 (O&M) [3] 6. A perusal of the record shows that in terms of the A perusal of the record shows that in terms of the A perusal of the record shows that in terms of the situated acquisition proceedings initiated qua the land of the petitioner, situated acquisition proceedings initiated qua the acquisition proceedings initiated qua the passed by venue estate of Village Narshinghpur an award was passed by venue estate of Village Narshinghpur in the revenue estate of Village Narshinghpur the LAC on 06.06.2016 followed by taking over of possession of the the LAC on 06.06.2016 followed by taking over of possession of the the LAC on 06.06.2016 followed by taking over of possession of the the LAC on 06.06.2016 followed by taking over of possession of the was acquired land on the same day. However, the compensation was acquired land on the same day. However, the compensation acquired land on the same day. However, the compensation ere disbursed in favour of the petitioner only on 07.10.2019 and thus there disbursed in favour of the petitioner only on 07.10.2019 disbursed in favour of the petitioner only on 07.10.2019 . In was delay in payment of compensation on the part of respondents. In was delay in payment of compensation on the part of respondents was delay in payment of compensation on the part of respondents the humble opinion of this Court, no merit can be found in the the humble opinion of this Court, no merit can be found in the the humble opinion of this Court, no merit can be found in the the humble opinion of this Court, no merit can be found in the that the bank submission made on behalf of respondents No.1 and 2 that the bank submission made on behalf of respondents No.1 and 2 submission made on behalf of respondents No.1 and 2 provided by the petitioner for release of compensation on account provided by the petitioner for release of compensation on provided by the petitioner for release of compensation on account 24.09.2016 was not functional and for the said reason 24.09.2016 was not functional and disbursal of for the said reason, disbursal of compensation to the petitioner was delayed compensation to as no such document or the petitioner was delayed as no such document or correspondence has been produced on record from the side of correspondence has been produced on record from the side of correspondence has been produced on record from the side of correspondence has been produced on record from the side of respondents No.1 and 2, intimating the petitioner of any such ondents No.1 and 2, about intimating the petitioner of any such intimating the petitioner of any such problem with her bank account or asking her to provide the fresh bank problem with her bank account or asking her to provide the fresh bank problem with her bank account or asking her to provide the fresh bank problem with her bank account or asking her to provide the fresh bank account for deposit of the compensation. account for deposit of the compensation. account for deposit of the compensation. 7. Furthermore, even if it is presumed that the bank account Furthermore, even if it is presumed that the bank account Furthermore, even if it is presumed that the bank account itioner was not functional, respondents No.1 and 2 provided by the petitioner was not functional, respondents No.1 and 2 itioner was not functional, respondents No.1 and 2 provided by the pet to deposit the amount of compensation payable to were always at liberty to deposit the amount of compensation payable to to deposit the amount of compensation payable to were always at liberty the petitioner before the learned Reference Court in terms of Section 77 the petitioner before the learned Reference Court in terms of Section 77 the petitioner before the learned Reference Court in terms of Section 77 the petitioner before the learned Reference Court in terms of Section 77 of the 2013 Act by construing the non- of the 2013 Act by ank details -providing of correct bank details to receive the compensation amount. as denial of consent by her to receive the compensation amount. to receive the compensation amount. as denial of consent by it can be seen that no such exercise was However, from the records, it can be seen that no such exercise was it can be seen that no such exercise was However, from the records, carried out at the hands of respondents No.1 and 2 with respect to carried out at the hands of respondents No.1 and 2 carried out at the hands of respondents No.1 and 2 with respect to the deposit of compensation amount before the deposit of learned Reference Court. compensation amount before the learned Reference Court. SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document CWP-25742 25742-2022 (O&M) [4] 8.
Decision
In such circumstances, the prayer made in the writ petition In such circumstances, the prayer made in the writ petition In such circumstances, the prayer made in the writ petition is allowed. Respondent No.2 is directed to calculate the statutory is allowed. Respondent No.2 is directed to calculate the statutory is allowed. Respondent No.2 is directed to calculate the statutory is allowed. Respondent No.2 is directed to calculate the statutory interest payable in terms of Section 80 of the 2013 Act in favour of the interest payable in terms of Section 80 of the 2013 Act in favour of the interest payable in terms of Section 80 of the 2013 Act in favour of the interest payable in terms of Section 80 of the 2013 Act in favour of the the awarded amount from 07.06.2016 to petitioner/ landowner on the awarded amount from 07.06.2016 to the awarded amount from 07.06.2016 to petitioner/ landowner on 07.10.2019 i.e. the period of delay towards disbursal of the amount of 07.10.2019 i.e. the period of delay towards disbursal of the amount of 07.10.2019 i.e. the period of delay towards disbursal of the amount of 07.10.2019 i.e. the period of delay towards disbursal of the amount of compensation. The needful exercise be carried out within 2 weeks from compensation. The needful exercise be carried out within 2 weeks from compensation. The needful exercise be carried out within 2 weeks from compensation. The needful exercise be carried out within 2 weeks from today and the payment be released in favour of the petitioner/ today and the payment be released in favour of the petitioner/ today and the payment be released in favour of the petitioner/ today and the payment be released in favour of the petitioner/ thin 02 weeks thereafter. landowner within 02 weeks thereafter. landowner wi 9. 10. Disposed of in the above terms. Disposed of in the above terms. In case, respondent No.2 fails to comply with the aforesaid In case, respondent No.2 fails to comply with the aforesaid In case, respondent No.2 fails to comply with the aforesaid directions, the officer concerned shall be liable to pay costs of Rs.1 lakh directions, the officer concerned shall be liable to pay costs of Rs.1 lakh directions, the officer concerned shall be liable to pay costs of Rs.1 lakh directions, the officer concerned shall be liable to pay costs of Rs.1 lakh r towards interest. It over and above the amount payable to the petitioner towards interest. It over and above the amount payable to the petitione over and above the amount payable to the petitione is made clear that the cost shall be borne by the officer concerned from is made clear that the cost shall be borne by the officer concerned from is made clear that the cost shall be borne by the officer concerned from is made clear that the cost shall be borne by the officer concerned from his/her own pocket and shall not be treated as burden on the State his/her own pocket and shall not be treated as burden on the State his/her own pocket and shall not be treated as burden on the State his/her own pocket and shall not be treated as burden on the State exchequer. exchequer. 11. 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. 12.11.2025 12.11.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.11.14 19:08 I attest to the accuracy and integrity of this document