Disposed

Jaswant Kaur v. State of Punjab & Ors.

Punjab & Haryana HC14 Dec 2011CWP/23040/2011

Case brief

AI extract

What is this about?

The Punjab and Haryana High Court disposed of three petitions concerning illegal land acquisition. It directed the State to pay damages at Rs. 20,000 per acre per annum from December 2001 to December 2011 with 9% interest, within two months.

What did the court decide?

Damages of Rs. 20,000 per acre per annum from Dec 2001 to Dec 2011 with 9% interest to be paid within two months.

Jaswant Kaur Vs State of Punjab & Ors. — Land Acquisition | Punjab & Haryana HC (2011)

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CWP No. 21504 of 2011

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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CWP No. 21504 of 2011

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Date of Decision: December 14, 2011

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Kulwinder Singh and others

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…Petitioners

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Versus

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State of Punjab and others

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..Respondents

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CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

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Present: Mr. J.S. Brar, Advocate for the petitioner.

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Mr. J.S. Puri, Addl. A.G., Punjab

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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M.M. KUMAR, J.

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This order shall dispose of a bunch of three petitions* filed under Article 226 of the Constitution which raises the similar questions of fact and law. The petitioners have prayed for issuance of directions to respondent to pay compensation along with interest @ 24% per annum to them for illegally acquiring their land without making the payment of compensation. The aforesaid land was acquired to construct Ghanga Kalan Reclamation Channel and the possession of the land was taken on 17.12.2001 even prior to the

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CWP No. 21504 of 2011 -2-

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issuance of notification issued under Section 4 of the Land Acquisition Act, 1894 on 30.01.2002 and notification issued under Section 6 of the Act on 05.02.2003 respectively. In all the three cases, the factual position is the same.

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The matter is not res integra. In a similar matter, a Division Bench of this Court in CWP No. 11041 of 2009 decided on 10.02.2010 (P-6), after noticing the factual position has issued directions and the operative part of the order reads as under:

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“Having heard the learned counsel for the parties, we are of the considered view that the petitioners have been treated harshly by the respondent. Firstly, they are deprived of their land and then no compensation has been paid for their land for the last about 9 years. The notifications issued under Section 4 & 6 of the Act in the years 2002 and 2003 have been permitted to lapse. In these circumstances, we accept the prayer made by the learned counsel for the petitioner and deem it just and appropriate to direct respondent Nos.2 & 3 to assess the damages in respect of the land of the petitioners at the rate of Rs. 20,000/- per acre per annum from the date of acquiring possession, i.e., 27.12.2001 upto 30.06.2010 and pay them the amount so calculated along with 9% interest. The

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CWP No. 21504 of 2011

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needful shall be done within two months from today. However, damages beyond 30.06.2010 can be calculated and paid up from the date of issuance of notification under Section 4 of the Act and the compensation with regard to the acquisition of the land has to be paid if any notification under Section 4 of the Act is issued and the award is passed as per the rates given in the award. The petitioners are at liberty to file fresh petition if no acquisition proceedings are initiated by the respondents within 6 months from today.

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In view of above, writ petition stands disposed of.”

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In view of the above, we direct respondent Nos. 2 and 3 to assess the damages in respect of the land belonging to the petitioners at the rate of Rs. 20,000/- per acre per annum from the date of taking possession, i.e., December 2001 upto December 2011 and pay them the amount so calculated along with 9% interest. The needful shall be done within two months from today. The respondent-State may initiate process for acquisition of land by issuing notification under Section 4 of the Act within a period of six months from the date of receipt of a copy of this order. The damages beyond December 2011 shall be calculated and paid up to the date of issuance of notification under Section 4 of the Act and

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CWP No. 21504 of 2011

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the compensation with regard to the acquisition of the land has to be paid if any notification under Section 4 of the Act is issued and the award is passed as per the rates given in the award. The petitioners would be at liberty to file fresh petition if no acquisition proceedings are initiated by the respondents within 6 months from today.

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The writ petition stands disposed of.

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A photocopy of this order be placed on the files of

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connected cases

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(M.M. KUMAR) JUDGE

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(RAJIV NARAIN RAINA) JUDGE

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December 14, 2011 Atul

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*Sr.* No	*Party Name*	*Writ Petition*
1	Kulwinder Singh and others v. State of Punjab and others	CWP No. 21504 of 2011
2	Ajaib Singh and others v. State of Punjab and others	CWP No. 21529 of 2011
3	Jaswant Kaur v. State of Punjab and others	CWP No. 23040 of 2011

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(M.M. KUMAR)

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JUDGE

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(RAJIV NARAIN RAINA) JUDGE

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December 14, 2011 Atul

Jaswant Kaur v. State of Punjab & Ors.

Case brief

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Jaswant Kaur v. State of Punjab & Ors.

Case brief

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