Dismissed

Vijay Kumar and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC16 Sept 2014CWP/19175/2014

Case brief

AI extract

What is this about?

This judgment addresses a writ petition for release of land acquisition compensation. The court held that execution of the Land Acquisition Collector's Award lies with the Executing Court, not the High Court. Petitioners aggrieved by the Executing Court should seek other legal remedies.

What did the court decide?

No direction issued for release of compensation; dismissal of writ petition with reference to other remedies.

Vijay Kumar and Ors. Vs State of Punjab and Anr. — Land Acquisition | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.19175of2014(O&M)
 DATE OF DECISION: 16.09.2014

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Vijay Kumar and others

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…..Petitioners

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versus

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State of Punjab and another

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 .....Respondents

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CORAM:- HON'BLE MR.JUSTICEASHUTOSH MOHUNTA,ACTINGCHIEFJUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU

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Present: Mr. Ram Kumar Chauhan, Advocate
for the petitioners

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ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):

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The petitioners have prayed that a direction be issued

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to the respondents to release the compensation for their land
acquired by the Irrigation Department along with interest. The
Public Works Department (Irrigation Branch) vide notification
dated 5.11.1997 issued under Section 4 of the Land Acquisition
Act, 1894 intended to acquire 136-62 acres of land situated in
village Chohal, Hadbast No.494, Tehsil and District Hoshiarpur.
Subsequently, Section 6 notification was issued and Awards dated
13.7.2002 and 31.1.2003 were also passed.

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 The grievance of the petitioners is that although they
received some amount of compensation under the Award, but the
entire amount of compensation has not been paid to them.
Aggrieved by non-payment of entire amount of compensation, the

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PARKASH CHAND 2014.09.17 14:37 I attest to the accuracy and authenticity of this document

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CWP-19175-2014

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- 2 -

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petitioners filed Execution Petitions before the Executing Court
wherein some more amount was released in their favour. However,
the full amount of compensation is yet to be paid.

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The petitioners cannot seek to execute the Award of the
Land Acquisition Collector through the High Court. In case the
petitioners are dissatisfied with the order of the Executing
Court, they may, if so advised, take recourse to some other
remedy as permissible in law.

¶19

Dismissed.

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16.09.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE

¶21

PARKASH CHAND 2014.09.17 14:37 I attest to the accuracy and authenticity of this document

Vijay Kumar and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Vijay Kumar and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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