Madhu Bala and Others Vs Chander Shekhar Khare, Chief Administrator and Others

“Keeping in view of above detailed proposed plan and the interest of the land owners, a direction is being given in this case that all the executing courts in the State of Haryana are restrained from taking any coercive steps as the respondents have carved out plan for depositing the compensation amount and the reference courts will

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VIRENDRA SINGH ADHIKARI 2025.09.22 11:08 I attest to the accuracy and integrity of this document

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COCP-2808-2025 (O&M)

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accept the compensation as per the above said proposed plan.

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Learned counsel for respondent-HSVP further informs that due publication will be done with respect to proposed plan of depositing compensation in the entire State of Haryana so that land owners can be awared with respect to deposit of compensation as per the schedule stated above.

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A direction is being given to the respondents to comply and make the payment in accordance with the above said proposed plan/priority list.”

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Learned counsel for respondents No.1 and 2 contends that the

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petitioners herein were not parties to CWP-20384-2021, nor did they file any writ petition. It is further submitted that CWP-20384-2021 was disposed of as rendered infructuous, vide order dated 02.05.2024, as the compensation amount was disbursed to the land losers concerned. She further contends that some persons challenged the order dated 14.02.2022 passed in CWP20384-2021 before Hon’ble the Supreme Court in SLP (C) No.4832 of 2022, which was disposed of vide order dated 31.10.2023.

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The relevant portion of the order dated 31.10.2023 passed by Hon’ble the Supreme Court in SLP (C) No.4832 of 2022 is reproduced as

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under:-

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“In so far as the remaining land-loosers, where the payment has not been made, we clarify that the restraint imposed by the High Court through the order dated 14.02.2022 to proceed with the execution shall stand vacated and the land-loosers will be entitled to initiate such proceedings including execution proceedings for recovery of the amount.

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In cases where the execution proceedings have been closed in view of the earlier order passed by the High Court, the decree holder would have the liberty of

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VIRENDRA SINGH ADHIKARI 2025.09.22 11:08 I attest to the accuracy and integrity of this document

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COCP-2808-2025 (O&M)

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seeking revival of such petitions, which shall be considered by the executing court and the matter shall be proceeded further in accordance with law.

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Needless to mention since the land-loosers are still agitating their rights to seek for receiving the compensation in respect of the land which have been lost by them, the executing courts as well as the other courts where the proceedings have been initiated, shall keep in view this aspect of the matter and proceed with the matters as expeditiously as possible.

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In so far as the contempt proceedings which are said to be pending, the Courts concerned will now take note of the same and proceed in accordance with law. With the above clarification, the petitions stand disposed of along with the pending application(s), if any.”

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A perusal of the record shows that the petitioners herein were not party in CWP-20384-2021 and the said writ petition was disposed of as rendered infructuous, since compensation amount was delivered to the land losers concerned. The restraint imposed by this Court vide order dated 14.02.2022 in CWP-20384-2021 to proceed with the execution stood vacated and the land losers were held entitled to initiate such proceedings including execution proceedings for recovery of the amount.

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