Rajiv And Ors vs State Of Punjab And Ors
2023 Latest Caselaw 14296 P&H

            311                                                               2023:PHHC:112716
                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                            AT CHANDIGARH
                                                                             CR-718-2023
                                                         Date of Decision: August 28, 2023

            RAJIV AND ORS                                                             ......Petitioners
                                 Versus
            STATE OF PUNJAB AND ORS                                             ........ Respondents

            CORAM:             HON'BLE MR. JUSTICE HARKESH MANUJA

            Present:           Mr. Adarsh Jain, Advocate for the petitioners.
                               Mr. Navneet Singh, Sr. DAG, Punjab.
                                                     ****

            HARKESH MANUJA, J. (ORAL)

By way of present revision petition, challenge has been laid

to an order dated 31.03.2022 passed by Addl. District judge, Bathinda-

cum-Executing Court.

2. In the present case, land owned by petitioners was acquired

vide notifications dated 21.09.2000 and 14.09.2001 issued under

Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred

to as 1894 Act) followed by an award dated 12.09.2003. Being

dissatisfied, the petitioners invoked reference under Section 18 of 1894

Act which came to be decided vide award dated 12.02.2003. Still

aggrieved, petitioners filed RFA which came to be decided on

01.04.2019. The operative part thereof is reproduced hereunder:-

"Resultantly, keeping in view the above judgments, this Court is of the opinion that the landowners will be entitled for the payment of interest @ 6% per annum from 15.03.1996 till the date of Section 4 notification, i.e., 21.09.2000, to offset the period of illegal possession by the State, as the said fact has not been denied by the respondents. Even it has come on record that foundation- stone was laid for the construction of the road, on account of which, possession had been taken."

TEJWINDER SINGH 2023.08.31 09:40 I attest to the accuracy and integrity of this document 2023:PHHC:112716

3. Based thereupon, the petitioners filed execution application

claiming additional compensation on the amount of interest awarded in

their favour with effect from 15.03.1996 to 21.09.2000. The petitioners

also submitted that once the amount of damages awarded @ 6% from

15.03.1996 to 21.09.2000 was payable in their favour on the date of

notification issued under Section 4 of the 1894 Act, they were entitled

for interest thereupon with effect from the date of notification issued

under Section 4 of 1894 Act till its disbursement. Instead of issuance of

directions in favour of the landowners, the Executing Court merely

awarded the damages. Being aggrieved thereof, the present revision

petition has been filed.

4. At the outset, learned counsel for petitioners very clearly

submits that petitioners shall not press for their claim of additional

amount of compensation on the damages awarded @6% from

15.03.1996 to 21.09.2000.

4. I have heard learned counsel for the parties and gone

through the paper-book.

5. As regards the claim of interest on the delayed payment of

damages which no doubt became payable on the date of notification

under Section 4 of 1894 Act that is on 21.09.2000, the petitioners have

substance in their submission.

6. Admittedly, the possession of land under acquisition was

taken away from the petitioners on 15.03.1996 and that is why they

were held entitled for payment of interest @6% from 15.03.1996 to

TEJWINDER SINGH 2023.08.31 09:40 I attest to the accuracy and integrity of this document 2023:PHHC:112716

21.09.2000 i.e. the date of notification under Section 4 of 1894 Act and

since the said amount of damages became payable in favour of

petitioners on 21.09.2000, though being released at a later point in time,

the petitioners are no doubt entitled for payment of interest thereupon in

terms of Section 34 of 1894 Act. Nonetheless, a perusal of Annexure P-

6 i.e. the calculation sheet submitted under the signatures of Executive

Engineer, Rural Works Division (B&R), Bathinda submitted in the

execution application at the instance of respondents also shows that

amount of interest prayed for by the petitioners have even been

calculated on the amount of damages.

7. In view of the discussions made hereinabove, the petitioners

shall be entitled for award of interest on the amount of damages

assessed by this Court vide judgment dated 01.04.2019 passed in

favour of the petitioners and the execution shall be carried out in the

aforesaid terms.

            28.08.2023                                     ( HARKESH MANUJA )
            tejwinder                                            JUDGE


                                    Whether speaking/reasoned       Yes/No
                                       Whether Reportable           Yes/No




TEJWINDER SINGH
2023.08.31 09:40
I attest to the accuracy and
integrity of this document