Pushpa Rani and Others Vs. State of Haryana and Others - Court Judgment

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CourtPunjab and Haryana High Court
Decided OnJan-17-2013
AppellantPushpa Rani and Others
RespondentState of Haryana and Others
Excerpt:
cwp no.908 of 2013 (o & m) ::1:: in the high court of punjab and haryana at chandigarh cwp no.908 of 2013 (o & m) date of decision: january 17, 2013 pushpa rani and others ....petitioners versus state of haryana & others ...respondents coram: hon'ble mr.justice ajay kumar mittal hon'ble mr.justice naresh kumar sanghi present: mr.n.k.malhotra, advocate, for the petitioners.**** ajay kumar mittal, j. the petitioners have approached this court under article 226 of the constitution of india seeking a writ of mandamus for directions to the respondents for granting compensation in terms of award dated 21st february, 2011 (annexure p-2) which was passed in respect of the acquired land of the petitioners.a direction has also been sought for payment of interest @ 24% per annum to the petitioners from the date it became due till the date of its payment.”2. as per averments made in the writ petition, a legal notice dated 07.12.2011 (annexure p-3) was issued by the petitioners.which was referred by respondent no.5 to respondent no.2 for taking a decision thereon. according to the learned counsel in spite of expiry of a period of about one year, no decision has been taken thereon by respondent no.2 so far.”3. after hearing learned counsel for the petitioners and perusing the petition, we dispose of this writ petition at this stage by directing cwp no.908 of 2013 (o & m) ::2:: respondent no.2 to take a decision on legal notice (annexure p-3) which had been forwarded to him vide annexure p-4 within one month from the date of receipt of certified copy of the order by passing a speaking order in accordance with law.”4. it is, however, clarified that, in case, respondent no.2 decides that the petitioners are held entitled to the payment, the same shall be released to them within next 2 months from the date of the order. (ajay kumar mittal) judge january 17, 2013 (naresh kumar sanghi) sukhpreet judge
Judgment:

CWP No.908 of 2013 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.908 of 2013 (O & M) Date of Decision: January 17, 2013 Pushpa Rani and others ....Petitioners Versus State of Haryana & others ...Respondents CORAM: HON'BLE Mr.JUSTICE AJAY KUMAR MITTAL HON'BLE Mr.JUSTICE NARESH KUMAR SANGHI Present: Mr.N.K.Malhotra, Advocate, for the petitioneRs.**** AJAY KUMAR MITTAL, J.

The petitioners have approached this court under Article 226 of the Constitution of India seeking a writ of mandamus for directions to the respondents for granting compensation in terms of award dated 21st February, 2011 (Annexure P-2) which was passed in respect of the acquired land of the petitioneRs.A direction has also been sought for payment of interest @ 24% per annum to the petitioners from the date it became due till the date of its payment.”

2. As per averments made in the writ petition, a legal notice dated 07.12.2011 (Annexure P-3) was issued by the petitioneRs.which was referred by respondent No.5 to respondent No.2 for taking a decision thereon.

According to the learned counsel in spite of expiry of a period of about one year, no decision has been taken thereon by respondent No.2 so far.”

3. After hearing learned counsel for the petitioners and perusing the petition, we dispose of this writ petition at this stage by directing CWP No.908 of 2013 (O & M) ::2:: respondent No.2 to take a decision on legal notice (Annexure P-3) which had been forwarded to him vide Annexure P-4 within one month from the date of receipt of certified copy of the order by passing a speaking order in accordance with law.”

4. It is, however, clarified that, in case, respondent No.2 decides that the petitioners are held entitled to the payment, the same shall be released to them within next 2 months from the date of the order.

(AJAY KUMAR MITTAL) JUDGE January 17, 2013 (NARESH KUMAR SANGHI) Sukhpreet JUDGE