Notice of Motion to Contesting Respondents Only. Vs. State of Haryana and Others ……respondents - Court Judgment

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.20354 of 2013 Date of Decision: September 16, 2013 Jai Bhagwan ……Petitioner Versus State of Haryana and others ……Respondents Civil Writ Petition No.20381 of 2013 Rohtas ……Petitioner Versus State of Haryana and others ……Respondents Civil Writ Petition No.20387 of 2013 Dalbir ……Petitioner Versus State of Haryana and others ……Respondents Civil Writ Petition No.20439 of 2013 Chander ……Petitioner Versus State of Haryana and others ……Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SURINDER GUPTA.

Present : Mr.Arvind Kumar Chauhan, Advocate, for the petitioner.

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?.

Surya Kant, J.

(Oral) This order shall dispose of CWP Nos.20354, 20381, 20387 & 20439 of 2013 as common questions of law and facts are involved in these cases.

For brevity, the facts are being extracted from CWP No.20354 of 2013.

Kumar Mohinder 2013.10.10 12:47 I attest to the accuracy of this order Chandigarh CWP No.20354 of 2013 & connected matters [2].Notice of motion to contesting respondents only.

On our asking Mr.S.S.Patter, learned Senior Deputy Advocate General, Haryana, accepts notice on their behalf.

Let three copies of each of the writ petition be supplied to the learned State counsel during the couRs.of day failing which this order shall be automatically recalled and the writ petitions shall be deemed to have been dismissed for non- prosecution.

In view of the nature of order which we propose to pass, there is no need to seek counter-reply from the contesting respondents nor the proforma respondents be served at this stage.

The grievance of the petitioner is that despite passing of order dated 12.6.2009 under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by the Land Acquisition Collector, Jind, in his favour as well as proforma respondent Nos.4 to 8 (Annexure P-1).the due amount of enhanced compensation alongwith statutory benefits has not been released by the State of Haryana and its authorities and has not been deposited with the Land Acquisition Officer.

A legal notice dated 14.03.2013 (Annexure P-2) served on behalf of the petitioner and proforma respondents also brought no results.

We are conscious of the fact that the award passed under Section 28-A of the Act is executable by way of execution proceedings.

We are, however, disappointed to know, it were true, as to why the poor farmers whose land has already been acquired and are being endlessly harassed no compensation has been released by the Competent Authority.

While permitting the petitioners to file execution application, Kumar Mohinder 2013.10.10 12:47 I attest to the accuracy of this order Chandigarh CWP No.20354 of 2013 & connected matters [3].if not already filed, we direct respondent Nos.1 to 3 to deposit the due amount of compensation with the concerned Land Acquisition Officer within a period of two months from the date of receiving a certified copy of this order, failing which the Executing Court is directed to take lawful coercive steps to recover the due amount of compensation from the official respondents.

The writ petitions stand disposed of accordingly.

Dasti.

(SURYA KANT) JUDGE September 16, 2013 (SURINDER GUPTA) Mohinder JUDGE Kumar Mohinder 2013.10.10 12:47 I attest to the accuracy of this order Chandigarh