Pajaba @ Panjab Singh Now Deceased Thr His Lrs and Other Vs State of Haryana

Thi s is an application for bringin g on record the legal heirs o f petitioner Nos. 1 and 4 who have unfortun a tely died on 03.02.2019 an d 29.09.2024 res p ectively.

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For the reasons mentioned in t he application, the same i s allowed, subje c t to all just exceptions and t h e applicants as mentioned i n paragraphs 2 & 3 of application are order e d to be impleaded as lega l representative s of deceased-Pajaba @Panjab Singh-petitioner No.1 an d deceased-Kris h an-petitioner No.4 in order t o pursue the present revisio n petition.

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Am e nded memo of parties be ta k en on record.

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MAIN CASE

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By w ay of present revision petition filed under Article 227 o f the Constitutio n of India, challenge has b een laid to an order date d 30.04.2025 pa s sed by the Court of learn e d Additional District Judge, Jind-cum-Exec u ting Court, whereby the e x ecution petition preferred a t the instance o f petitioners, seeking directions to the respondents fo r making the pa y ment of compensation of the acquired land in the sam e terms as awar d ed in the case of other co-sh a rers, was dismissed.

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[2] Notice of motion.

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[3] Mr. Abhinav Kalia, DAG, Haryan a , accepts notice on behalf o f the respondent ( s)-State of Haryana.

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[4] I h ave heard learned counsel for the parties and gon e TEJWINDER SINGH through the pa p er-book. 2026.03.12 18:10 I agree to specified portions of this document

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CR-2244-2026 (O&M)

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[5] A perusal of the impugned order shows that the execution petition preferred at the instance of petitioner(s)-landowner(s) was dismissed merely on the ground that they did not choose to prefer any objection under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”), yet filed an execution application based on an award/determination made in favour of their co-sharers in the acquired land.

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[6] The aforesaid legal issue already stands decided by the Hon’ble Apex Court vide decision dated 13.01.2026 passed in Civil Appeal No(s).391 - 398 of 2026 (@slp (C) No(S).4532-4539 of 2023), titled “Ramphal & Ors. Versus Haryana State Industrial And Infrastructure Development Corporation Limited & Ors”, wherein the Hon’ble Supreme Court has been pleased to uphold the claims made by the co-sharers with regard to entitlement of similar amount of compensation as granted in favour of their co-owners in the acquired land, however, restricted the award of interest. Relevant paras 11 to 14 from the aforesaid decision dated 13.01.2026 are extracted hereunder:-

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“11. In fact, we have been informed at the Bar by the learned counsel appearing for the appellants, which is not seriously disputed by the learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the Rules then prevalent. In other words, the acquiring body is also benefited to certain extent, which is an instrumentality of the State. Thus, the scales have to be balanced in this scenario.

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12. We are of the considered view that apart from the compensation, the appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would also hasten to add that the appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or modified by the High Court or this Court in exercise of appellate jurisdiction.

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TEJWINDER SINGH 2026.03.12 18:10 I agree to specified portions of this document

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CR-2244-2026 (O&M)

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13. The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from the date of this order and the amounts so determined shall be disbursed within an outer limit of three months for such determination with interest as specified therein.

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14. In the event of time line which has been fixed by this Court is not adhered to by the respondent(s) authorities, they shall be liable to pay interest @ nine per cent (9%) on the amounts so determined from the date of such determination.”

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[7] In view of the aforesaid decision rendered by the Hon’ble Supreme Court, the present petition is allowed and the impugned order is set aside. The matter is remitted back to the learned Executing Court concerned for fresh adjudication and in case the petitioner(s) are found to be co-sharers in the acquired land parcels along with those who preferred reference under Section 18 or 28-A of the Act, the necessary amount as finally determined along with statutory benefits and interest thereupon be released in their favour within the time period stipulated in Ramphal’s case (supra).

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[8] Needless to say that the determination of compensation and release thereof in favour of the petitioner(s) be made in terms of decision rendered by the Hon’ble Supreme Court in Ramphal’s case (supra). [9] Pending miscellaneous application(s), if any, shall also stand disposed of.

11.03.2026

Tejwinder

(HARKESH MANUJA)

JUDGE

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

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TEJWINDER SINGH 2026.03.12 18:10 I agree to specified portions of this document

Pajaba @ Panjab Singh Now Deceased Thr His Lrs and Other v. State of Haryana

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Pajaba @ Panjab Singh Now Deceased Thr His Lrs and Other v. State of Haryana

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