Punjab-Haryana High Court
Meer Singh And Another vs State Of Haryana And Ors on 22 November, 2024
Neutral Citation No:=2024:PHHC:156358
CR-4637-2024 (O&M) --1--
213-U IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-4637-2024 (O&M)
Decided on:-22.11.2024
Meer Singh and another ....Petitioners..
vs.
State of Haryana and others ...Respondents.
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Rohan Moudgil, Advocate for
Mr. Sandeep Sharma, Advocate,
for the petitioners.
*****
HARKESH MANUJA J. (Oral)
1. Prayer in the present civil revision petition is for issuance of
direction to the learned Executing Court to decide the execution petition
No.1969 of 2023, titled as "Meer Singh and another vs. State of Haryana"
within specified period for release of the compensation of the Award of
LAC case No.418 of 2016, which was decided by the reference court vide
order dated 07.07.2023 (Annexure P-1) and in view of the judgment passed
by the Hon'ble Division Bench in LPA-581-2022.
2. Admittedly, land measuring 3 acres situated in the revenue
estate of village Pawala Khusrupur, District Gurugram, owned by the
petitioners was acquired followed by an award No.75 dated 31.03.2010,
whereby, the Land Acquisition Collector awarded compensation to the tune
of Rs.60 lacs per acre.
3. Feeling dissatisfied, the petitioners-land owners filed petition
1 of 3
Neutral Citation No:=2024:PHHC:156358
CR-4637-2024 (O&M) --2--
under Section 18 of the Land Acquisition Act, 1894 before the Reference
Court, Gurugram, which was allowed vide order dated 07.07.2023 while
enhancing the compensation from Rs.60 lacs to Rs.4,78,79,070/- per acre,
but till date the respondents have not released the compensation. Thereafter,
the petitioners/land owners filed execution petition No.1969-2023 before the
Reference Court, Gurugram.
4. Learned counsel for the petitioner submits that the petitioner
being aggrieved of the delay has filed the present revision petition for
issuance of direction to the Executing Court concerned to decide the
execution petition expeditiously, in a time bound manner.
5. I have heard the learned counsel for the petitioner.
6. A perusal of record shows that execution petition (Annexure P-
2) filed by the petitioners on 21.10.2023, is still pending and the petitioner is
waiting to get their amount of compensation on the basis of decision dated
07.07.2023 passed by the reference court as well as in view of judgment
dated 02.05.2024 passed by this Court (Annexures P-1 and P-6 respectively).
7. In Rahul S. Shah Vs. Jinendra Kumar Gandhi and others
(2021) 6 SCC 418, the Hon'ble Supreme Court held as follow:-
"That the executing Court must dispose of execution
proceeding within 6 months from the date of filing which may be
extended only by recording reasons in writing for such delay."
8. In view of the aforementioned legal position, the Executing
Court is requested to dispose of the execution petition bearing No.1969-
2023 as expeditiously as possible, preferably within a period of next 06
months from today, as any further delay may cause serious prejudice to the
rights of the petitioners-land owner.
2 of 3
Neutral Citation No:=2024:PHHC:156358
CR-4637-2024 (O&M) --3--
9. It is made clear that nothing said herein-above shall be
construed as an expression of opinion on the merits of the execution
proceedings.
10. The present petition is disposed of in aforesaid terms without
issuance of any notice to the respondents as it may cause further delay in the
proceedings.
11. Pending application, if any, stands disposed of.
22.11.2024 (HARKESH MANUJA)
sonika JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/ No
3 of 3
