Shubh Lata and ors. Shubh Lata and ors v. e of Punjab and others State of Punjab and others
Case Details
CWP-28023 28023-2025 (O&M) [1] 121 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-28023-2023 (O&M) Date of Decision: 07.08.2025 Date of Decision: Shubh Lata and ors. Shubh Lata and ors. ...Petitioners VERSUS e of Punjab and others State of Punjab and others …Respondents …Respondents
Legal Reasoning
HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA CORAM: HON'BLE MR. JUSTICE Babbar Bhan, Advocate Present : Mr. Babbar Bhan, Advocate Present : for the petitioners. Mr. Athar Ahmed, DAG, Punjab Mr. Athar Ahmed, DAG, Punjab for respondents No.1 and 3. for respondents No.1 and 3. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, The short grouse raised by learned counsel for the The short grouse raised by learned counsel for the The short grouse raised by learned counsel for the petitioners on behalf of petitioners/ landowners is that the petition petitioners on behalf of petitioners/ landowners is that the petition petitioners on behalf of petitioners/ landowners is that the petition petitioners on behalf of petitioners/ landowners is that the petition filed under Section 28 A of the Land Acquisition Act, 1894, for short, filed under Section 28 A of the Land Acquisition Act, 1894, for short, filed under Section 28 A of the Land Acquisition Act, 1894, for short, filed under Section 28 A of the Land Acquisition Act, 1894, for short, upon the Act’, seeking parity of compensation while placing reliance upon the Act’, seeking parity of compensation while placing reliance the Act’, seeking parity of compensation while placing reliance has award dated 01.08.2017 passed by the Reference Court has award dated 01.08.2017 passed by the Reference Court award dated 01.08.2017 passed by the Reference Court remained undecided for the past almost 08 years. remained undecided for the past almost 08 years. remained undecided for the past almost 08 years. 2. Upon notice, learned State counsel with Sh.Sachin Upon notice, learned State counsel with Sh.Sachin Upon notice, learned State counsel with Sh.Sachin Pathak, PCS, Sub Divisional Magistrate, Nangal, who is present in Pathak, PCS, Sub Divisional Magistrate, Nangal, who is present in Pathak, PCS, Sub Divisional Magistrate, Nangal, who is present in Pathak, PCS, Sub Divisional Magistrate, Nangal, who is present in etitioners/ landowners have failed to implead person informs that the petitioners/ landowners have failed to implead etitioners/ landowners have failed to implead person informs that the p the beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway the beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway the beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway the beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway SANJAY GUPTA 2025.08.07 19:04 I attest to the accuracy and integrity of this document CWP-28023 28023-2025 (O&M) [2] Recruitment Bhawan, Railway Colony, Chandigarh through Additional Recruitment Bhawan, Railway Colony, Chandigarh through Additional Recruitment Bhawan, Railway Colony, Chandigarh through Additional Recruitment Bhawan, Railway Colony, Chandigarh through Additional General Manager, which primarily delayed the adjudication of the General Manager, which primarily delayed the adjudication of the General Manager, which primarily delayed the adjudication of the General Manager, which primarily delayed the adjudication of the petition. 3. In response, learned counsel for the petitioners submits In response, learned counsel for the petitioners submits In response, learned counsel for the petitioners submits that an appropriate application for the purpose of impleading the that an appropriate application for the purpose of impleading the that an appropriate application for the purpose of impleading the that an appropriate application for the purpose of impleading the beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway beneficiary i.e. Rail Vikas Nigam Limited, First Floor, Railway Recruitment Bhawan, Railway Colony, Chandigarh through Additional Recruitment Bhawan, Railway Colony, Chandigarh through Additional Recruitment Bhawan, Railway Colony, Chandigarh through Additional Recruitment Bhawan, Railway Colony, Chandigarh through Additional General Manager, shall be presented before respondent No.1. within General Manager, shall be presented before respondent No.1. within General Manager, shall be presented before respondent No.1. within General Manager, shall be presented before respondent No.1. within one week from today. one week from today. 4. In terms thereof, learned counsel for respondents No.1 In terms thereof, learned counsel for respondents No.1 In terms thereof, learned counsel for respondents No.1 and 3, on instructions from respondent No.3 submits that in case any and 3, on instructions from respondent No.3 submits that in case any and 3, on instructions from respondent No.3 submits that in case any and 3, on instructions from respondent No.3 submits that in case any he petitioners/ landowners for such application is filed on behalf of the petitioners/ landowners for such application is filed on behalf of t such application is filed on behalf of t impleading the beneficiary as respondent, the petition filed under impleading the beneficiary as respondent, the petition filed under impleading the beneficiary as respondent, the petition filed under impleading the beneficiary as respondent, the petition filed under Section 28A of the Act preferred at their instance shall be finally Section 28A of the Act preferred at their instance shall be finally Section 28A of the Act preferred at their instance shall be finally Section 28A of the Act preferred at their instance shall be finally ded within 03 months from today and in case the petitioners are decided within 03 months from today and in case the petitioners are ded within 03 months from today and in case the petitioners are ded within 03 months from today and in case the petitioners are anced compensation, the same shall be found entitled for enhanced compensation, the same shall be anced compensation, the same shall be found entitled for enh disbursed in their favour within two months thereafter. disbursed in their favour within two months thereafter. disbursed in their favour within two months thereafter. 5. In view of the aforesaid stand taken by respondent No.3, In view of the aforesaid stand taken by respondent No.3, In view of the aforesaid stand taken by respondent No.3,
Decision
the present petition is disposed of. the present petition is disposed of. 6. However, it is made clear that in case respondent No.3 However, it is made clear that in case respondent No.3 However, it is made clear that in case respondent No.3 s to abide by the undertaking extended hereinabove with respect fails to abide by the undertaking extended hereinabove with respect s to abide by the undertaking extended hereinabove with respect s to abide by the undertaking extended hereinabove with respect to conclusion of proceedings, he shall be liable to pay a cost of to conclusion of proceedings, he shall be liable to pay a cost of to conclusion of proceedings, he shall be liable to pay a cost of to conclusion of proceedings, he shall be liable to pay a cost of Rs.50000/- to the petitioners/ landowners Rs.50000/ which shall be recoverable to the petitioners/ landowners which shall be recoverable from his salary. from his salary. SANJAY GUPTA 2025.08.07 19:04 I attest to the accuracy and integrity of this document CWP-28023 28023-2025 (O&M) [3] 7. y, shall also Pending miscellaneous application(s), if any, shall also Pending miscellaneous application(s stand disposed of. stand disposed of 07.08.2025 07.08.2025 sanjay ( HARKESH MANUJA) JUDGE Whether speaking/reasoned ? Whether speaking/reasoned ? Whether Reportable ? Yes/No Yes/No SANJAY GUPTA 2025.08.07 19:04 I attest to the accuracy and integrity of this document