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High Court of Punjab and Haryana · body

2019 DAILYLAW 3503 (PNJ)

PUNJAB SMALL INDUSTRIES AND EXPORT CORPORATION v. AJIT SINGH AND OTHERS

CR/7224/2019 · 2026-01-28

Harkesh Manuja

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Judgment text

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1 151 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH PUNJAB SMALL INDUSTRIES AND EXPORT AJIT SINGH AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Vaibhav Sharma, Advocate with Ms. Salina Chalana, Advocate for the petitioner Ms. Harleen Kaur, Advocate for respondents in CR Mr. Kanwaljit Singh, Sr. Advocate with Mr. Jashanpreet Singh Deol, Advocate for respondent Nos.1 to 4 in all EFAs. HARKESH MANUJA Vide this common order, a batch disposed of, the judgment. For convenience, the facts are 2019. 2. The present revision petition has been preferred against the order dated 03.08.2019 passed Tarn Taran-cum to the petitioner out of execution proceedings preferred at the instance of private respondents, who claimed themselves to be landowners seeking release of the benefit of enhanced compensation in term 30.09.2013 passed in RFA CR-7224-2019 (O&M) and other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-7224-2019 (O&M) Date of Decision: PUNJAB SMALL INDUSTRIES AND EXPORT Versus AJIT SINGH AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vaibhav Sharma, Advocate with Ms. Salina Chalana, Advocate for the petitioner Ms. Harleen Kaur, Advocate for respondents in CR-7224-2019. Mr. Kanwaljit Singh, Sr. Advocate with Mr. Jashanpreet Singh Deol, Advocate for respondent Nos.1 to 4 in all EFAs. **** HARKESH MANUJA, J. (ORAL) Vide this common order, a batch the details whereof are given in the footnote of the judgment. For convenience, the facts are being The present revision petition has been preferred against the order dated 03.08.2019 passed by the learned cum-Executing Court whereby, the bank accounts belonging to the petitioner-corporation were attached. The impugned order arose out of execution proceedings preferred at the instance of private who claimed themselves to be landowners seeking release of the benefit of enhanced compensation in term 30.09.2013 passed in RFA-1364-1994 as well as the and other connected cases IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH and other connected cases Date of Decision: January 28, 2026 PUNJAB SMALL INDUSTRIES AND EXPORT CORPORATION ........Petitioner ........Respondents HARKESH MANUJA Mr. Vaibhav Sharma, Advocate with Ms. Salina Chalana, Advocate for the petitioner-PSIEC. Ms. Harleen Kaur, Advocate for respondents Mr. Kanwaljit Singh, Sr. Advocate with Mr. Jashanpreet Singh Deol, Advocate for respondent Nos.1 to 4 in all EFAs. Vide this common order, a batch of 5 cases shall stand are given in the footnote of the being drawn from CR-7224- The present revision petition has been preferred against the by the learned Additional District Judge, Executing Court whereby, the bank accounts belonging corporation were attached. The impugned order arose out of execution proceedings preferred at the instance of private who claimed themselves to be landowners seeking release of the benefit of enhanced compensation in terms of the decision dated as well as the decision dated and other connected cases January 28, 2026 of 5 cases shall stand are given in the footnote of the - The present revision petition has been preferred against the Additional District Judge, Executing Court whereby, the bank accounts belonging corporation were attached. The impugned order arose out of execution proceedings preferred at the instance of private who claimed themselves to be landowners seeking release s of the decision dated decision dated TEJWINDER SINGH 2026.01.30 19:47 I agree to specified portions of this document 2 CR-7224-2019 (O&M) and other connected cases 27.02.2015 passed in RA-99-CI-2014 and upheld vide decision dated 21.11.2017 in SLP(Civil) No.2041-2051 of 2016. 3. One of the objections taken in the present revision petition at the instance of the petitioner had been that there was no adjudication or award-decision in favour of respondents-landowners with respect to the enhancement of market value. However, it has not been disputed that some of the co-sharers of the respondents, whose land had also been acquired vide same notification, got enhancement ordered in their favour after having preferred reference petition under Section 18 of the Land Acquisition Act, 1894 followed by filing of regular first appeals as detailed in the preceding paragraph. 4. In such circumstances, the respondents-landowners in any case are entitled to the award of the benefit of similar market value in their pending execution application, in terms of law laid down by the Hon’ble Apex Court vide decision in SLP (C) No.4532-4539 of 2023 titled as “Ramphal and Ors. Vs. Haryana State Industrial and Infrastructure Development Corporation Limited and Ors.”. The relevant para Nos.12 and 13 of the aforesaid decision are extracted hereunder:- “12. We are of the considered view that apart from the compensation, the appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other 6 period. We would also hasten to add that the appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act TEJWINDER SINGH 2026.01.30 19:47 I agree to specified portions of this document 3 CR-7224-2019 (O&M) and other connected cases and/or modified by the High Court or this Court in exercise of appellate jurisdiction. 13. The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from the date of this order and the amounts so determined shall be disbursed within an outer limit of three months for such determination with interest as specified therein.” 5. In view of the above, the learned Executing Court is thus requested to proceed further with the execution applications in accordance with law towards release of benefit of enhancement of compensation in favour of the respondents-landowners. 6. Accordingly, the present petitions as well as the appeals stand disposed of. 7. Taking into account the directions issued by the Hon’ble Apex Court in case of Ramphal(Supra), the learned Executing Court is requested to expedite the proceedings and dispose of the execution application within 4 months from today as the same is pending adjudication for the past 6-7 years. The learned Executing Court may also verify the factum of respondents-landowners being co-sharers with the other landowners whose land got acquired vide same notification and also the adjudication made in their favour about enhancement of compensation. 8. In the meanwhile, the order of attachment of bank accounts belonging to the petitioner be kept in abeyance. However, it is made clear that in case the payment is not released in favour of respondents within the aforestated period of 4 months, the attachment of bank accounts/coercive action shall automatically stand revived. TEJWINDER SINGH 2026.01.30 19:47 I agree to specified portions of this document 4 CR-7224-2019 (O&M) and other connected cases 9. Pending application(s), if any, shall also stand disposed of. 28.01.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Other connected cases EFA-13-2022 (O&M) EFA-16-2022 (O&M) EFA-17-2022 (O&M) EFA-18-2022 (O&M) TEJWINDER SINGH 2026.01.30 19:47 I agree to specified portions of this document