Disposed

Sarwan Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC14 May 2014CWP/9201/2014

Case brief

AI extract

What is this about?

This order disposed of five common writ petitions concerning land acquisition compensation pending before the executing court at Patiala. Without deciding merits, the court directed the executing court to release the confirmed compensation amount by September 30, 2014.

What did the court decide?

Direction to the Executing Court at Patiala to ensure release of the compensation amount in favour of petitioners by 30.09.2014.

Sarwan Singh and Ors. Vs State of Punjab… — Execution and Attachment | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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[1] Civil Writ Petition No.9201 of 2014. Date of Decision: May 14, 2014

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Sarwan Singh and others .....Petitioners versus State of Punjab and others .....Respondents [2] Civil Writ Petition No.9203 of 2014. Naresh Kumar and others .....Petitioners versus State of Punjab and others .....Respondents [3] Civil Writ Petition No.9212 of 2014. Harjinder Singh and others .....Petitioners versus State of Punjab and others .....Respondents [4] Civil Writ Petition No.9213 of 2014. Krishan Singh .....Petitioner versus State of Punjab and others .....Respondents [5] Civil Writ Petition No.9246 of 2014. Shakuntla Devi and others .....Petitioners versus State of Punjab and others .....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MRS.JUSTICE LISA GILL.

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Present : Mr.Karan Gupta, Advocate, for the petitioners.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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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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Surya Kant, J. (Oral)

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This order shall dispose of Civil Writ Petition Nos.9201, 9203, 9212, 9213 and 9246 of 2014 as common questions of law and facts are involved in these cases.

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For brevity, the facts are being extracted from Civil Writ Petition No.9201 of 2014.

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Kumar Mohinder 2014.07.02 16:45 I attest to the accuracy of this order Chandigarh

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CWP No.9201 of 2014 & connected cases

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[2]

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The land owned by the petitioners was acquired by the State of Punjab to set-up Industrial Focal Point at Rajpura, District Patiala, vide notification dated 13.11.1992 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act;). The acquisition was statedly meant for a private company like respondent No.3. The matter with regard to assessment of fair compensation went upto the Hon'ble Supreme Court in a bunch of appeals including Civil Appeal No.7258 of 2011 (Chakas versus State of Punjab and others). The Hon'ble Supreme Court vide judgment dated 24.08.2011 (Annexure P1) allowed the appeals preferred by the land-owners and dismissed those of the respondentCorporation.

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The grievance of the petitioners is that though they have initiated execution proceedings before the Court of competent jurisdiction at Patiala, but despite best efforts, the due amount of compensation has not been paid to them. It is also their case that the respondents have not deposited the due amount before the Executing Court, hence they have approached this Court. It is pointed out that the compensation amount was required to be paid within a period of two months as directed by the Hon'ble Supreme Court.

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Having heard learned counsel for the petitioners and keeping in view the fact that the Executing Court at Patiala is seized of the matter but having regard to the time bound directions issued by Hon'ble Supreme Court in terms whereof the petitioners are entitled to the enhanced amount of compensation, we dispose of these writ petitions without expressing any views on the merits of petitioners' claim, with a direction to the Executing Court to expedite the execution

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Kumar Mohinder 2014.07.02 16:45 I attest to the accuracy of this order Chandigarh

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[3]

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CWP No.9201 of 2014 & connected cases

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proceedings and ensure that the due amount of compensation to which the petitioners are entitled to in terms of the Hon'ble Supreme Court judgment dated 24.08.2011 is released in their favour latest by 30.09.2014.

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Registry is directed to send a copy of this order to the learned District & Sessions Judge, Patiala, for necessary compliance.

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Ordered accordingly.

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Dasti.

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[SURYA KANT] JUDGE May 14, 2014 [LISA GILL] Mohinder JUDGE

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Kumar Mohinder 2014.07.02 16:45 I attest to the accuracy of this order Chandigarh

Sarwan Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Sarwan Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

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