Punjab-Haryana High Court
Yadwinder Singh Alias Bhupinder Singh vs State Of Punjab And Another on 25 November, 2024
Neutral Citation No:=2024:PHHC:155621
246-Urgent
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Civil Revision No. 6762 of 2024 (O&M)
Date of Decision: 25.11.2024
Yadwinder Singh @ Bhupinder Singh
.......... Petitioner
Versus
State of Punjab and another
.......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Ashok Bhardwaj, Advocate
for the petitioner.
****
HARKESH MANUJA, J. (ORAL)
Prayer in the present revision petition is for issuance of
directions for expeditious disposal of Execution Application No. 676 of
2023 filed on behalf of the petitioner and pending before the learned
Additional District Judge, Sangrur (hereinafter to be referred as
"Reference Court").
[2] Briefly, the facts are that in pursuance of Punjab Govt.
Notification dated 20.11.2006 issued under Section 4 of the Land
Acquisition Act, 1894 (for short "the Act"), followed by Notification dated
29.04.2007 issued under Section 6 thereof, the land measuring 592 acres, 7
kanals and 16 marla, including the land of petitioner, situated in the revenue
estate of ten villages, namely, Shahpur Nau Abad Their, Andana, Mandvi,
Chandu, Makror Sahib, Nawangaun, Jaswantpur @ Hotipur, Baupur,
Banarsi and Khanori Kalana, for embankment and widening of Ghaggar
river, was acquired. The Land Acquisition Collector (for short "LAC")
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vide Award dated 12.04.2008, assessed the market value at the rate of Rs.
6,00,000/- per acre including solatium qua the land of nine villages at flat
rate and Rs. 10,00,000/- per acre qua the land of Village Khanouri, while
awarding Rs. 7,00,000/- per acre for the land abutting the road.
[3] Dissatisfied with the aforesaid Award, landowners / interested
persons filed objections under Section 18 of the Act, which were dismissed
vide award dated 15.12.2010 passed by the Reference Court.
[4] Still aggrieved, the landowners challenged the aforesaid Award
dated 15.12.2010 before this Court by way of bunch of Regular First
Appeals; lead case of which was RFA No. 3367 of 2011, titled "Sadhu Ram
Versus State of Punjab", seeking further enhancement of compensation, the
same were disposed off vide common judgment dated 27.01.2016 (Annexure
P-1), while assessing the market rate of the acquired land @ Rs. 15,95,600/-
per acre for all villages except Village Khanouri, for which, the
compensation was enhanced at the uniform rate of Rs. 21 lacs per acre,
besides other statutory benefits.
[5] Hence, the petitioner filed the aforesaid Execution Application,
annexed with the petition as Annexure P-5.
[6] It is averred in the petition that the other co-sharer filed
Execution Application No. 1162 of 2019, titled "Narinder Singh Versus
State of Punjab", which is pending consideration, however, the petitioner
was inadvertently left from the array of parties in the said Execution
Application, hence, the petitioner later filed the present Execution
Application, which is still pending.
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[7] It is contended by learned counsel for the petitioner that present
controversy is squarely covered with the judgment dated 20.10.2023
(Annexure P-6) passed by this Court in Civil Revision No. 136 of 2023,
titled "Amanpreet Singh and others Versus State of Punjab and another",
arising out of the same notification, vide which the land of petitioner had
been acquired.
[8] Notice of motion.
[9] Mr. Athar Ahmad, Deputy Advocate General, Punjab, accepts
notice on behalf of the respondents and is not in a position to controvert the
above factual position.
[10] I have heard learned counsel for the parties and gone through
the paper-book.
[11] From the records, it is apparent that the present case is squarely
covered with the judgment dated 20.10.2023 passed in Amanpreet Singh's
case (supra), which is arising out of the same acquisition / Notification
dated 20.11.2006 covering the same revenue estate(s), whereby the
Additional District Judge, Sangrur, was requested to dispose off the
execution petition as expeditiously as possible, preferably within a period of
two months. For reference, relevant para-6 of the aforesaid decision dated
20.10.2023 reads as under:-
" 6. In view of the discussion made hereinabove, the Additional
District Judge, Sangrur, is requested to dispose of the
execution petition bearing No. EXE/494/2017 as
expeditiously as possible, preferably within a period of two
months from today, as its delayed pendency is causing
serious prejudice to the rights of petitioner-landowners,
besides burdening the State Exchequer towards the liability
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on account of interest on delayed disbursement of
compensation."
[11.1] Based upon the above, the Additional District Judge, Sangrur is
requested to dispose off the execution application filed at the instance of
petitioner in terms of decision dated 20.10.2023 passed in Amanpreet
Singh's case (supra).
[12] Disposed off accordingly.
[13] Pending miscellaneous application(s), if any, shall also stand
disposed off.
November 25, 2024 ( HARKESH MANUJA )
'dk kamra' JUDGE
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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