IN TH v. STATE OF HAR
Mr. Mr. Pritam Singh Saini, Advocate wi Ms.P Ms.Parul Saini, Advocate for respondent No.3. ate with HARKESH MAN **** MANUJA, J. (Oral) CM Nos.10865- -CII & 14865-CII of 2025 For the reasons mentioned in the ap For t the applications, the same are allowe llowed. Accompanying do ing documents are taken on record, su ord, subject to all just exceptions. CR No.7574 of 20 2023 (O&M)
1. Prese resent petition laid challenge to an to an order dated 20.10.2023 passed b ssed by the Executing C ing Court, whereby the execution p tion petition filed at the instance o ance of petitioners/landow landowners was disposed of being full ng fully satisfied.
2. On 24.02.2025 upon hearing petitio On 2 petitioner No.1 in-person and also th also the learned counsel r nsel representing the respondents, fo nts, following order was passed by th by this Court:- MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment “Challenge in the present petiti etition is to an order dated 20.10.202
0.2023 assed by the Executing Court, whereb ereby, the execution petition filed at t at the nstance of petitioners-landowners has s has been dismissed being satisfied. Two claims set up by petitione itioner are that though the award w d was assed on 18.01.2002, whereas, the the interest was paid to him fro
6.05.2004 i.e. from the date of ent 26.05 entry of Rapat Roznamcha regardin arding 23 (O&M) CR No.7574 of 2023 ( ransfer of possession of acquired land land to the respondents and further th er that 2 no in o interest was calculated from 31.01
1.01.2017 till 12.07.2017 as the intere nterest as only calculated up to 31.01.2017 017, whereas, it was released throug RTG TGS on 12.07.2017. On the contrary, learned counse unsel for the respondents submits that s that a perusa erusal of award dated 18.01.2002 002 passed by the Land Acquisitio isition Colle ollector itself shows that possession a sion as on the said date was with the lan e land wners as their Rabi crops were standi anding over it and thus, possession cou not b ot be taken. However, no plausible ex le explanation has been rendered for n for not alculating interest w.e.f. 31.01.2017 017 to 12.07.2017 by learned counse ounsel epresenting the respondents. Having argued for some time, me, learned counsel for the petitione tioners rays for time to refer to Girdawari ent i entry between the date of passing of t of the ward till the date of entry of Roznam znamcha about delivery of possession sion of he acquired land. the a Adjourned to 01.03.2025. Henceforth, to be shown in the U he Urgent List.”
3. Upon hearing petitioner No.1 in Upon .1 in-person and the learned couns counsel representing the r g the respondents today, it is apparent parent that in the present case there is is a serious dispute w ute with respect to the taking over of of the possession of acquired lan ed land. As per petitioner itioners, the possession of land was t was taken over on 18.01.2002 i.e. th i.e. the date when the aw the award was passed and the land i land in question stood vested with th with the respondents/State s/State and thus the petitioners/lando s/landowners are entitled for statutor tatutory interest under Sec er Section 34 of the Land Acquisition isition Act, 1894 from the date of takin f taking over of possessio ssession of acquired land i.e. 18.01.20
8.01.2002. Whereas on the other han er hand, while relying upo ng upon Rapat dated 26.05.2004 ent entered in the Roznamacha by t by the concerned Patwar Patwari, it has been argued by learned learned counsel representing responde pondent No.3 that the pos he possession of the acquired land w and was taken over on 26.05.2004 an 004 and thus the petitioner titioners were not entitled for grant of i nt of interest from the date of award ti ward till MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment CR No.7574 of 2023 ( the date of taking 23 (O&M) taking over of actual physical posses possession and consequently, there wa 3 no illegality in the in the order passed by the Executing uting Court.
4. Upon cumulative analysis of facts a Upon facts and circumstances of the case case at hand and after he fter hearing both the parties, it can be d an be discerned that the sole question stion to be adjudicated up ted upon by the Executing Court was rt was as to whether the possession o ssion of the acquired land d land was taken over from the petition petitioners/landowners on 18.01.2002 o .2002 or
26.05.2004 and f and for determination of the said fac aid factual aspect, the Executing Cou g Court could have afford afforded opportunity of leading evid g evidence to both the sides so as so as to establish their res eir respective stands. No such proced procedure was adopted by the learne learned ourt. Executing Court.
5. Thus, considering the fact that the de Thus determination of factual aspect wi ect with respect to the the taking over of the possessio ssession of acquired land from th om the petitioners/landow landowners needs to be determined a ined after grant of opportunity to bo to both the sides, the ord he order dated 20.10.2023 passed by t d by the Executing Court is hereby s reby set aside. As such, the Executing Court is requested uested to restore the Execution Petitio Petition to its original num al number for its fresh adjudication a ation after affording opportunity to lea to lead evidence to both both the sides on the aspect of takin f taking over of possession of acquire cquired land. The petition etitioners shall also be at liberty to to agitate their claim with respect spect to grant of interest fr erest from 31.01.2017 till 12.07.2017.
6. With the aforesaid observation, the i With , the instant petition stands disposed o osed of. All pending appl g application(s), if any, shall also sta lso stand disposed of. The parties a rties are directed to appe appear before learned Executing C ting Court on 20.08.2025 for furth further proceedings. 5 August 01, 2025 Atik (HARKESH MANUJA) (HA JUDGE Whether speaking/reasoned Whe Whether reportable Whe Yes/No Yes/N Yes/No Yes/N MOHMED ATIK 2025.08.05 11:10 I attest to the accuracy and authenticity of this order/judgment