Estate Officer Huda Kaithal vs Shashi Sharma And Others
2022 Latest Caselaw 17071 P&H

CR-2285 of 2021 (O&M)
and other connected case                                         -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH


                                                   CR-2285 of 2021 (O&M)
                                                 Date of decision: 16.12.2022

Estate Officer HUDA Kaithal                                     ..Petitioner

                                   Versus

Shashi Sharma and others                                   ..Respondents

CR-3180 of 2021(O&M)

Estate Officer HUDA Kaithal ..Petitioner

Versus

Kamlesh Rani and others ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Deepak Sabherwal, Advocate for the petitioner.

Mr. Kanwar Abhay Singh, Advocate for respondent no.1 (in CR-2285 of 2021)

Mr. Arvind Bansal, Advocate for respondent no.1 (in CR-3180 of 2021)

ANIL KSHETARPAL, J(Oral)

1. The issue which needs adjudication is "Whether a co-sharer,

without any judgment, decree, order or award in his favour, file an execution

petition only on the strength of the assessment of market value made by the

Court in favour of the various other co-villagers/co-sharers"

2. In these two cases, the respondents (landowners) who stood

deprived of their land did not file an application for referring the matter to

the Court at the first place. However, their execution petition has been

allowed and they have been held entitled to compensation vide order dated

19.08.2021. Section 18 of the Land Acquisition Act, 1894 reads as under:-

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CR-2285 of 2021 (O&M) and other connected case -2-

18. Reference to Court. -

(1) Any person interested who has not accepted the

award may, by written application to the Collector,

require that the matter be referred by the Collector for

the determination of the Court, whether his objection be

to the measurement of the land, the amount of the

compensation, the person to whom it is payable, or the

apportionment of the compensation among the persons

interested.

(2) The application shall state the grounds on which

objection to the award is taken: Provided that every such

application shall be made- (a) if the person making it was

present or represented before the Collector at the time

when he made his award, within six weeks from the date

of the Collector's award; (b) in other cases, within six

weeks of the receipt of the notice from the Collector

under section 12, sub-section (2), or within six months

from the date of the Collector's award, whichever period

shall first expire.

3. If the landowner intends to object to the amount offered by the

Land Acquisition Collector, he is required to file an application within the

prescribed time. There is another opportunity given to the landowners

under Section 28-A of the Land Acquisition Act, 1894, which enables them

to file an application on the basis of the award passed by the Reference

Court, if there is enhancement of the market value. Apart from the aforesaid

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two opportunities, the statute does not provide for any other remedy. The

aforesaid issue is covered by a detailed judgment passed in Rajender Singh

and another vs. State of Haryana and others (Civil Revision No.814 of

2020 and other connected cases, decided on 15.09.2022).

4. Keeping in view the aforesaid facts, the impugned orders passed

by the Executing Court on 19.08.2021 and 06.03.2020 shall stand set aside.

5. Both the revision petitions are allowed.

6. All the pending miscellaneous applications, if any, are also

disposed of.

December 16, 2022                                (ANIL KSHETARPAL)
nt                                                     JUDGE

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




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