Allowed

Ram Sarup (Since Deceased) Represented by His Lrs v. Union of India and Others

Punjab & Haryana HC22 Sept 2021CR/2066/2021

Case brief

AI extract

What is this about?

High Court allowed this revision by following orders in Roda Singh's case, directing the executing court to restore execution petitions and ensure payment of remaining land acquisition compensation within three months, prioritizing substantive justice over technicalities.

What did the court decide?

Revision petition allowed; executing court directed to restore execution petitions and ensure payment of remaining compensation within three months.

Ram Sarup (Since Deceased) Represented by… — Execution and Attachment | Punjab & Haryana HC (2021)

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121

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Revision No. 2066 of 2021

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Date of Decision: 22.09.2021

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Ram Sarup (Since Deceased) through his LRs

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... Petitioner(s)

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Versus

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Union of India and Others

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... Respondent(s)

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CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

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Present: Mr. Rakesh Gupta, Advocate for the petitioner(s).

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Mr. Sunil Kumar Sharma, Advocate for respondent No.1-Union of India.

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Ms. Kanica Sachdeva, Assistant Advocate General, Punjab, for respondent No.2 and 3.

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Anil Kshetarpal, J.

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Notice of motion.

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On the request of the Court Mr. Sunil Kumar Sharma, Advocate, accepts notice for respondent No.1-Union of India and Ms. Kanica Sachdeva, Assistant Advocate General, Punjab accepts notice on behalf of respondent No. 2 and 3.

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The learned counsel representing the parties are ad idem that this revision petition can be disposed of in terms of the order passed in Roda Singh v. Union of India (Civil Revision No. 1380 of 2021) and other connected cases, decided on 27.07.2021, which reads as under:-

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“1. By this order, Civil Revision No. 1380,1383, 1388,

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1389 and 1391 of 2021 shall stand disposed of.

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DEEPAK KUMAR BHARDWAJ 2021.09.23 12:51 I attest to the accuracy and integrity of this document

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Civil Revision No. 2066 of 2021

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2. On going through the impugned order passed by the learned Executing Court, this Bench is constrained to observe that the Court below has preferred technicalities over the cause of substantive justice. The petitioner(s) is/are the land owners. Their land was compulsorily acquired under the Land Acquisition Act, 1894. The amount of compensation has been finally determined by the Court. Their previous execution application for recovery of the amount was consigned to record being partly satisfied. The petitioners want the payment of remaining amount. They filed an application for restoration of the execution petition. A further request was made to treat the application for restoration as a fresh execution petition. The attention of the Court was also drawn to the order, passed by the High Court in Charan Dass v. Union of India and Others ( ESA No. 5 of 2018, decided on 02.05.2018 ), a connected case. However, the learned Executing Court dismissed the application with the observation that the petitioner(s) can file a fresh execution petition.

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3. Notice of motion.

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4. On the request of the Court, Mr. Sunil Sharma, Advocate, accepts notice for Union of India-respondent No.1 and Ms.Kanica Sachdeva, Assistant Advocate General, Punjab, accepts notice on behalf of respondent No.2 and 3. At this stage, service of notice upon respondent No.4 is dispensed with.

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5. Learned senior counsel representing the

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petitioner(s) submits that certain identical orders, consigning

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DEEPAK KUMAR BHARDWAJ 2021.09.23 12:51 I attest to the accuracy and integrity of this document

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Civil Revision No. 2066 of 2021

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the previous execution petitions to record being partly satisfied, already stand recalled. He submits that more than 50% of the execution petitions have already been restored through appropriate orders (Annexures P4 & P5).

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6. It is well settled that the Courts have been assigned the responsibility to do substantive justice between the parties. The petitioners already stand deprived of their land. The amount of compensation has also been finally determined. In such circumstances, the Courts are required to ensure the payment of amount to the persons who had lost their land due to compulsory acquisition. The Courts are required to focus on doing complete justice between the parties, rather than giving preference to technicalities.

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7. In such spirit, the present petitions are allowed and the various orders, under challenge, are set aside. The learned Executing Court is requested to ensure that the land owners, who stand deprived of the land, are paid the remaining amount positively, within a period of three months. The Court will be at liberty to resort to coercive measures if the payment is not deposited by the judgment debtor.

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8. Since this order has been passed without issuing any notice to respondent No.4, she will have the liberty to file an application for recall.

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9. The parties, through their learned counsel, are

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directed to appear before the learned Executing Court on 16.08.2021. The respective execution petitions shall stand

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DEEPAK KUMAR BHARDWAJ 2021.09.23 12:51 I attest to the accuracy and integrity of this document

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Civil Revision No. 2066 of 2021

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restored to their original number. The learned Executing Court shall be at liberty to issue notice to respondent No.4.

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10. The miscellaneous application(s) pending in the revision petitions, if any, shall stand disposed of”.

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Keeping in view the aforesaid facts, the present revision petition is allowed in the terms as in Roda Singh’s case (supra) . The parties, through their learned counsel, are directed to appear before the Executing Court on 08.10.2021.

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(Anil Kshetarpal) Judge

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September 22, 2021 “DK”

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Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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DEEPAK KUMAR BHARDWAJ 2021.09.23 12:51 I attest to the accuracy and integrity of this document

Ram Sarup (Since Deceased) Represented by His Lrs v. Union of India and Others

Case brief

What is this about?

What did the court decide?

Ram Sarup (Since Deceased) Represented by His Lrs v. Union of India and Others

Case brief

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