Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH1 Civil Writ Petition No.4568 of 2014 Date of Decision: March 12, 2014 Swaran Singh ……Petitioner Versus Union of India and others ……Respondents 2.
Civil Writ Petition No.4569 of 2014 Rajinder Singh ……Petitioner Versus Union of India and others ……Respondents 3.
Civil Writ Petition No.4583 of 2014 Gurjit Singh Sahi ……Petitioner Versus Union of India and others ……Respondents 4.
Civil Writ Petition No.4584 of 2014 Kulbir Singh and another ……Petitioners Versus Union of India and others ……Respondents 5.
Civil Writ Petition No.4585 of 2014 Satnam Singh and another ……Petitioners Versus Union of India and others ……Respondents 6.
Civil Writ Petition No.4600 of 2014 Bhupinder Singh ……Petitioner Versus Union of India and others ……Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE AMOL RATTAN SINGH.
**** Present : Mr.Satbir Rathore, Advocate, for the petitioneRs.Mr.Hitesh Kaplish, Central Government Standing Counsel for Union of India-respondent No.1.
Mr.Rishi Kaushal, Advocate, for respondent Nos.2.
Mr.P.S.Bajwa, Addl.
AG, Punjab, for respondent Nos.3&4.
--- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.
2.
To be referred to the Reporters or not?.
3.
Whether the judgment should be reported in the Digest?.
Kumar Mohinder 2014.03.13 11:54 I attest to the accuracy of this order Chandigarh CWP No.4568 of 2014 & connected cases [2].Surya Kant, J.
(Oral) Notice of motion.
On our asking, Mr.Hitesh Kaplish, Central Government Standing Counsel, accepts notice on behalf of respondent No.1; Mr.Rishi Kaushal, Advocate, accepts notice on behalf of respondent No.2 and Mr.P.S.Bajwa, learned Additional Advocate General, Punjab, accepts notice on behalf of respondent Nos.3 & 4.
Learned counsel for the petitioners has handed- over two copies each of the petition to learned State counsel and learned counsel for respondent Nos.1 and 2.
2].In view of the nature of order which we propose to pass, no reply-affidavit is required to be filed by the respondents at this stage.
3].The petitioners are residents of village Chak Alabaksh, Tehsil Mukerian, District Hoshiarpur and village Dasuya, Tehsil Dasuya, Distt.
Hoshiarpur.
Their lands, as per the details given below have been acquired by respondent Nos.1 & 2 under the National Highways Act, 1956 (hereinafter referred to as ‘1956 Act’).i) CWP No.4568 of 2014: 2 ½ Marlas comprised in KhaSr.No.98//2, 99//2 situated within the revenue estate of village Chak Alabaksh, Tehsil Mukerian, Distt.
Hoshiarpur.
ii) CWP No.4569 of 2014: 2 ½ Marlas comprised in KhaSr.No.87, 102//2, 107//5 situated within the revenue estate of village Chak Alabaksh, Tehsil Mukerian, Distt.
Hoshiarpur.
iii) CWP No.4583 of 2014: 6 K.
10 M.
Marlas comprised in KhaSr.No.45//4/1, 45//7/1/3 situated within the revenue estate of village Usman Shaheed, Kumar Mohinder 2014.03.13 11:54 I attest to the accuracy of this order Chandigarh CWP No.4568 of 2014 & connected cases [3].Tehsil Dasuya, Distt.
Hoshiarpur.
iv) CWP No.4584 of 2014: 5 Marlas comprised in KhaSr.No.98//2, 99//2 situated within the revenue estate of village Chak Alabaksh, Tehsil Mukerian, Distt.
Hoshiarpur.
v) CWP No.4585 of 2014: 5 Marlas comprised in KhaSr.No.87, 102//2, 107 situated within the revenue estate of village Chak Alabaksh, Tehsil Mukerian, Distt.
Hoshiarpur.
vi) CWP No.4600 of 2014: 2 ½ Marlas comprised in KhaSr.No.87, 102//2, 107//5 situated within the revenue estate of village Chak Alabaksh, Tehsil Mukerian, Distt.
Hoshiarpur.
4].The award was passed in CWP No.4583 of 2014 on 28.1.2009 by the Arbitrator.
In CWP No.4568 of 2014, CWP No.4569 of 2014, CWP No.4584 of 2014, CWP No.4585 of 2014 and CWP No.4600 of 2014, the petitioners have received the compensation awarded by the Competent Authority and they have not approached the Arbitrator for enhancement of compensation.
5].The petitioneRs.main grievance is that while assessing the compensation, the benefit of Sections 23 and 28 of the Land Acquisition Act, 1894 (hereinafter referred to as '1894 Act').namely, solatium and interest was not granted to them despite the fact that this Court in M/s Golden Iron and Steel Forgings versus Union of India and otheRs.2011 (4) RCR (Civil) 375, has categorically held that even in the case of acquisition under the National Highways Act, 1956, the above mentioned two statutory benefits are equally admissible to the affected land-owneRs.The petitioners also rely upon two decisions of this Court, dated 27.9.2012 passed in CWP Kumar Mohinder 2014.03.13 11:54 I attest to the accuracy of this order Chandigarh CWP No.4568 of 2014 & connected cases [4].No.7457 of 2012 (Bhag Singh and another versus Commissioner, Jalandhar Division and otheRs.(Annexure P-1) and dated 27.9.2012 passed in CWP No.14642 of 2012 (Prem Kaur versus Union of India and otheRs.(Annexure P-2).whereby the benefit of solatium and interest in terms of the above-cited decision of this Court, has been extended to the land-owners whose lands were also acquired alongwith that of the petitioneRs.6].Another grievance of the petitioners is that besides submission of applications etc., they are running from pillar to post before the officers of respondent No.2-National Highways Authority for the release of above-mentioned benefits but the same are with-held only on the plea that no directions have been given by this Court in their case(s).The aggrieved petitioners have now approached this Court.
7].We have heard learned counsel for the parties at some length and gone through the record.
8].The principles laid down by this Court in Golden Iron and Steel Forgings's case (supra).are not in dispute.
Similarly, the fact that the benefit of solatium and interest has been extended by this Court to the land-owners of same acquisition vide order Annexure P-2, can also be hardly disputed.
In these circumstances, we are of the view that it is imperative upon respondent Nos.1 & 2 to consider the petitioneRs.claim for the grant of solatium and interest in accordance with the decision of this Court in Golden Iron and Steel Forgings's case (supra).9].The writ petitions are accordingly disposed of with a direction to respondent No.3 that let these petitions be treated as applications on behalf of the petitioners under Kumar Mohinder 2014.03.13 11:54 I attest to the accuracy of this order Chandigarh CWP No.4568 of 2014 & connected cases [5].Sections 23 and 28 of the Land Acquisition Act, 1894 read with National Highways Act, 1956 and their claim regarding grant of solatium and interest be determined within a period of three months from the date of receiving a certified copy of this order.
The amount found due shall then be released by respondent Nos.1 & 2 within a period of one month thereafter.
Dasti.
[SURYA KANT].JUDGE March 12, 2014 [AMOL RATTAN SINGH].Mohinder JUDGE Kumar Mohinder 2014.03.13 11:54 I attest to the accuracy of this order Chandigarh