Revision under Article 226 challenging an order requiring security for 50% compensation release. Court held that without an interim order in the appeal, compensation must be released unconditionally.
Impugned order directing furnishing of security/bank guarantee for 50% compensation amount is set aside.
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Civil Revision No. 5895 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 5895 of 2010 (O&M)
Date of Decision: 22.9.2010.
Ashrafi and others
....Petitioners
Versus
The State of Haryana and others
...Respondents
CORAM : Hon'ble Mr. Justice Rakesh Kumar Garg
Present:Mr. Amit Jain, Advocate for the petitioners.
RAKESH KUMAR GARG, J
In this revision petition filed by the petitioners under Article 227 of the Constitution of India, the prayer is for setting aside the order dated 30.4.2009 (Annexure P-1) passed by the Additional District Judge, Gurgaon, whereby the payment of 50% of the awarded amount of compensation had been ordered to be released on furnishing of security/bank guarantee.
Learned counsel for the petitioners contends that similar order passed by the Court below has already been quashed by this Court in Civil Revision No. 3912 of 2009 decided on 12.10.2009.
Learned counsel for the petitioners has further submitted before this Court that there is no restrained order against the disbursement of compensation as awarded by the reference Court and the bank guarantee executed by the petitioners in pursuance of the impugned order has not been revoked which is causing a recurring loss to them.
Notice of motion.
Mr. Ashok Jindal, Additional Advocate, General Haryana, who is present in Court accepts notice on behalf of respondents. Learned counsel for the petitioners is directed to hand over copy of the petition to him during the course of the day.
Learned counsel for the petitioners submitted that the order impugned herein is totally without jurisdiction as there is no interim order passed
Civil Revision No. 5895 of 2010 2
by this Court in an appeal filed by the State on the basis of which the Executing Court could have ordered for release of 50% of the awarded amount of compensation on furnishing of security/bank guarantee by the petitioner. According to the learned counsel, in the absence of any specific order by this Court for releasing the payment of 50% of the compensation amount on furnishing of security/bank guarantee, the same should have been released by the Executing Court unconditionally. Learned counsel for the respondents, however, could not raise any meaningful argument except that they supported the order passed by the Executing Court.
I have heard learned counsel for the parties and perused the impugned orders with their assistance. It is not disputed that there is no interim order passed by this Court on an appeal having been filed by the State. In the absence of the same, the amount was required to be released without any condition and the Executing Court was not justified in ordering release of 50% of the compensation amount on furnishing of security/bank guarantee.
Learned counsel for the respondents could not dispute the fact that similar order dated 19.1.2009 passed by Additional District Judge, Gurgaon has already been quashed by this Court in Civil Revision No. 3912 of 2009 decided on 12.10.2009.
In view of the above, the present revision is allowed and the impugned order is set aside to the extent whereby it directs the petitioners to furnish security/bank guarantee for the release of 50% of the amount.
Disposed of.
22.9.2010. Reema
(RAKESH KUMAR GARG) JUDGE
1 issue framed by the court
Whether the Executing Court was justified in ordering release of 50% compensation on furnishing security in absence of an interim order by the High Court in the pending appeal.
1 provisions across 1 enactments
Ashrafi and others
State of Haryana
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
