INGH RANBIR SINGH v. STATE OF PUN PUNJAB AND ORS CR No
Case Details
1 CR No.7559 of 2024 (O&M) IN THE HIGH COURT OF PUNJA IN TH AT CHANDIGAR UNJAB AND HARYANA IGARH 214-2 INGH RANBIR SINGH Vs STATE OF PUN PUNJAB AND ORS CR No.75 Date of De 7559 of 2024 (O&M) of Decision: 07.01.2025 ......Petitioner(s) ....Respondent(s) CORAM: HON' ON'BLE MR. JUSTICE HARKESH ESH MANUJA Mr. Ashok Bhardwaj Advocate Present: Mr. for the petitioner. for th Mr. Vishnav Gandhi, D.A.G., Punjab Mr. V Punjab. **** HARKESH MAN MANUJA, J. (Oral) [1]. Prayer in the present civil revision p Praye sion petition is for issuance of directio irection to Reference C ce Court-cum-Additional District trict Judge, Sangrur to decide th ide the Execution Applic pplication No.560/2019 dated 13.05 13.05.2019, titled as “Bhagwani De i Devi vs. State of Punja unjab and Ors.” within a time bou e bound period and in terms of orde orders dated 27.01.2016 .2016 passed by this Court in RFA N RFA No.3367 of 2011 alongwith oth other connected matters atters and order dated 21.07.2017 pas 17 passed in CR No.4676 of 2017. [2]. Admittedly, certain land owned by Adm ed by the petitioner was acquired vid vide notifications date s dated 20.11.2006 and 29.04.2007, i 007, issued under Sections 4 and 6 o nd 6 of the Land Acquisi cquisition Act, 1894 (in short ‘1894 A 1894 Act’) respectively, followed by a d by an award dated 12.0 d 12.04.2008, whereby, the petitioner itioner and other persons were grante granted compensation to t on to the tune of Rs.6 lacs per acre in including solatium for land of nin of nine villages at flat ra flat rate and Rs.10 lacs per acre for re for the land acquired of the villag village Khanauri. MOHMED ATIK 2025.01.09 18:20 I attest to the accuracy and authenticity of this order/judgment CR No.7559 of 2024 (O&M) 2 [3]. Feeling dissatisfied, the land owners Feeli wners filed petition under Section 18 o on 18 of the Act, which wa ich was dismissed by the reference Co nce Court vide award dated 15.12.201 2.2010. Thereafter, the lan
Legal Reasoning
the land owners challenged the said award before this Court by way o way of bunch of appeal appeals seeking enhancement of co compensation and the same we e were allowed while en ile enhancing the market value to the to the tune of Rs.15,95,600/- per ac per acre for the acquired l uired land of nine villages and Rs.21 Rs.21 lac per acre was enhanced at th d at the uniform rate as te as regards village Khanauri, v uri, vide decision dated 27.01.201 1.2016 (Annexure P-1). 1). Thereafter, the judgment debto t debtor made part payment under th der the award to the decr e decree holder/petitioner except solat t solatium and interest thereof, pursu ursuant to the order dated dated 27.02.2017 passed by the Addi Additional District Judge, Sangrur an grur and the same was ch as challenged before this Court in C rt in CR No.4676 of 2017, which wa ich was
Decision
disposed of vide o vide order dated 21.07.2017, whereby hereby directions were issued to decid decide the objections file ns filed by the JDs, afresh. Later, vid ter, vide order dated 20.12.2017 passe passed by the Additional itional District Judge, Sangrur, the ex the execution application was dispose isposed of while granting anting amount of compensation along along with statutory reliefs. Thereafte ereafter, the petitioner and er and other land owners filed execu execution application No.560 of 201 of 2019 and the same is me is pending since then and till d till date, the enhanced amount o ount of compensation has on has not been disbursed to the petitio petitioner and other land owners. [4]. Learned counsel for the petitioner Lear ioner submits that the petitioner bein r being aggrieved of the f the non-disbursal of amount of com of compensation have filed the prese present revision petition tition for issuance of direction to th to the Executing Court concerned rned to decide the executi xecution application expeditiously, in sly, in a time bound manner. I have heard learned counsel for th I hav for the parties and perused the pap e paper [5]. book. MOHMED ATIK 2025.01.09 18:20 I attest to the accuracy and authenticity of this order/judgment CR No.7559 of 2024 (O&M) 3 [6]. A perusal of record shows that exec A pe t execution application (Annexure P P-5) filed by the petitio petitioner and other land owners on s on 13.05.2019, is still pending and th and the petitioner is waiti s waiting to get his amount of compen ompensation on the basis of order date er dated 27.01.2016 and or and order dated 21.07.2017 (Annexur nexures P-1 and P-3 respectively). [7]. In Rahul S. Shah vs. Jinendra Ku In Kumar Gandhi and others reporte reported as (2021) 6 SCC 4 CC 418 the Hon’ble Supreme Court Court held as follows:- “That the executing Cour Court must dispose of executio cution proceedings within 6 months from proc rom the date of filing which may b ay be extended only by recording reasons i exten ons in writing for such delay.” [8]. In view of above, the Court of Ad In vi of Addl. District Judge, Sangrur (th (the Executing Court) Court) is requested to dispose of the E f the Executing Petition No.560/2019 2019 as expeditiously as p ly as possible, preferably within a peri a period of next 04 months from toda today, as any further d ther delay is going to cause seriou serious prejudice to the rights of th of the petitioner. [9]. It is made clear that nothing said here It is m d as an id hereinabove shall be construed as an expression of opin of opinion on the merits of the executi xecution proceedings. [10]. f Petition stands disposed of Petit in in the aforesaid terms. Pendin Pending application(s), if a (s), if any shall also disposed of. January 07, 202 Atik , 2025 (HARKESH MANUJA) JUDGE Whe Whether speaking/reasoned Whether reportable Whe Yes/N Yes/No Yes/No Yes/N MOHMED ATIK 2025.01.09 18:20 I attest to the accuracy and authenticity of this order/judgment