Punjab-Haryana High Court
Manju Bala vs Competent Authority Cum Sub ... on 6 July, 2023
117 2023:PHHC:084897
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-14077-2023
Date of Decision: July 06, 2023
MANJU BALA ........ Petitioner
Versus
COMPETENT AUTHORITY CUM SUB DIVISIONAL MAGISTRATE
AND OTHERS ........ Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Binderjit Singh, Advocate for petitioner.
Mr. Pushp Jain, Advocate for
Mr. Abhilash Gaind, Advocate for NHAI-respondent No3.
****
HARKESH MANUJA, J. (ORAL)
1. By way of present writ petition, prayer has been made for
issuance of directions to respondents to pay solatium on amount of
compensation as awarded to the petitioner on account of acquisition of
her land.
2. In the present case, certain land owned by petitioner
situated in village Panj Dhera, Tehsil Phillaur, District Jalandhar came to
be acquired vide notification No.445 (E) dated 23.02.2010 published
under The National Highways Act 1956 for building (widening/six laning
etc.) maintenance, management and operation of National Highway
No.01 on the stretch of land from KM 329/000 to KM 347/000 (Panipat
to Jalandhar) in Sub Division, Phillaur, District Jalandhar, State of
Punjab.
3. The competent authority-cum-Sub-Divisional Magistrate,
Phillaur pronounced an award on 26.07.2013 whereby compensation
was awarded at the rate of Rs.2,00,000/- per marla for land situated in
the revenue limits of village Panj Dhera, however, no provision was
TEJWINDER SINGH
2023.07.07 17:59
I attest to the accuracy and
integrity of this document
2023:PHHC:084897
made regarding solatium on the aforesaid amount of
compensation/market value.
4. In order to seek his grievance as regards release of award
of solatium over the amount of compensation, the petitioner submitted a
detailed representation dated 28.09.2016. Even thereafter, so as to
impress upon the respondents, a legal notice dated 15.11.2022 was
also served upon them, however, the same fetched no results thereby
compelling the petitioners to approach this Court by way of present writ
petition.
5. Upon advance notice, learned State counsel appearing on
behalf of respondents No.1 and 4 submits that representation as well as
legal notice submitted by petitioner is pending consideration and the
same shall be considered and decided by respondent No.1 within a
period of two months, keeping in view the law laid down by this Court in
cases of "M/s. golden Iron and Steel Forging Vs. Union of India and
Ors. and Dynamic (India) Pvt. Ltd. Vs. Union of India and Ors."
6. In view of the aforesaid stand taken by learned State
counsel, respondent No.1 is directed to dispose of the legal notice dated
15.11.2022 (Annexure P-5) submitted by petitioner by taking into
consideration the law laid down in aforesaid judgments.
7. Disposed of in the aforesaid terms.
06.07.2023 (HARKESH MANUJA)
tejwinder JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
TEJWINDER SINGH
2023.07.07 17:59
I attest to the accuracy and
integrity of this document
TEJWINDER SINGH
2023.07.07 17:59
I attest to the accuracy and
integrity of this document
