Charan Singh vs State Of Haryana And Others
2024 Latest Caselaw 20393 P&H

Punjab-Haryana High Court

Charan Singh vs State Of Haryana And Others on 18 November, 2024

                                   Neutral Citation No:=2024:PHHC:149671

CWP-31014-2024 (O&M).                                        -1-




           IN THE PUNJAB AND HARYANA HIGH COURT AT
                          CHANDIGARH


146

                                           CWP-31014-2024 (O&M).
                                           Date of Decision: 18.11.2024.



CHARAN SINGH
                                                                      .. Petitioner
                                   Versus


STATE OF HARYANA AND OTHERS
                                                                   ... Respondents

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present:     Mr. Amit Jain, Advocate, and
             Mr. Yash Gupta, Advocate,
             for the petitioner.

VINOD S. BHARDWAJ, J. (ORAL)

Present petition has been filed for directing respondents NO.1

and 2 to accept/receive and entertain petition under Section 20-H of the

Railways (Amendment) Act, 2008 of the petitioner and refer/sent the same

to the Principal Civil Court in view of the provisions of Section 20-H of the

Railways (Amendment) Act, 2008.

2 Learned counsel for the petitioner submits that the present case

is fully covered by the order dated 12.05.2015 passed in the matter of

Ashok Kumar and others Vs. Union of India and others, reported as 2015

(4) RCR (Civil) 336.

3 Notice of motion to respondents No.1 and 2 only at this stage.

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                                       Neutral Citation No:=2024:PHHC:149671

CWP-31014-2024 (O&M).                                           -2-




4               Mr. Vivek Saini, Addl. A.G. Haryana, accepts notice on behalf

of the aforesaid respondents. He is not in a position to refute the directions

contained in the Division Bench judgment of this Court in the matter of

Ashok Kumar and others (supra) whereby the Division Bench of this Court

had directed the competent authority to refer the dispute regarding

apportionment of the compensation amount to the civil court within whose

jurisdiction the land is situated within three months from the date of receipt

of a certified copy of the order. The competent authority was further

directed to decide the same expeditiously and preferably within six months

from the date of receipt of such reference in accordance with law.

5 The present petition is accordingly disposed of at this stage

without commenting on the merits of the case and taking into consideration

the order passed in the matter of Ashok Kumar and others (supra) with a

direction to the respondent-competent authority to refer the apportionment

application submitted by the petitioner to the civil court of competent

jurisdiction.

6 In the meanwhile, status quo with respect to the compensation

amount deposited with the competent authority by the Railways in lieu of

the acquisition of the land, shall be maintained.

7 Petition stands disposed of accordingly.

November 18, 2024.                               (VINOD S. BHARDWAJ)
raj arora                                                 JUDGE
          Whether speaking/reasoned              : Yes/No
          Whether reportable                     : Yes/No



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