Extracted from the PDF above. The PDF is authoritative.
CR-215-2020 (O&M)
150 IN THE HIGH COURT OF PUNJAB AND HARYANA
LUDHIANA IMPROVEMENT TRUST ….Petitioner
Versus
BIKRAM SINGH AND ANOTHER …Respondents
CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Kavita Arora, Advocate for the petitioner.
Mr. G.S. Dhaliwal, Advocate for respondent No.1.
HARKESH MANUJA, J. (ORAL)
By way of present revision petition, challenge has been laid to an order dated 22.10.2019 passed by Civil Judge (Senior Division), Ludhiana-cum-Executing Court dismissed and the enhanced amount along with [2]
Briefly stating, land measuring 9 Kanal 17 to decree holder was acquired under an award dated 04.08.1981. On reference under Section 18 of the Land Acquisition Act, the Reference Court vide award dated 24.09.1986 enhanced the compensation to Rs. 377 per marla. [3]
Subsequently, the decree holder filed an execution petition in the year 2015 claiming compensation at the rate the basis of judgments rendered in cases of other landowners. The (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-215 Date of Decision: 21.04.2026 LUDHIANA IMPROVEMENT TRUST ….Petitioner Versus BIKRAM SINGH AND ANOTHER …Respondents
CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA Mr. Kavita Arora, Advocate for the petitioner. Mr. G.S. Dhaliwal, Advocate for respondent No.1.
-.- HARKESH MANUJA, J. (ORAL) By way of present revision petition, challenge has been laid to an order dated 22.10.2019 passed by Civil Judge (Senior Division), Executing Court, whereby objections filed by the trust were dismissed and the respondent-decree holder was held entitled to an amount along with statutory benefits and Briefly stating, land measuring 9 Kanal 17 to decree holder was acquired under an award dated 04.08.1981. On der Section 18 of the Land Acquisition Act, the Reference Court vide award dated 24.09.1986 enhanced the compensation to Rs. 377 Subsequently, the decree holder filed an execution petition in the year 2015 claiming compensation at the rate the basis of judgments rendered in cases of other landowners. The 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215-2020 (O&M) Date of Decision: 21.04.2026 LUDHIANA IMPROVEMENT TRUST ….Petitioner BIKRAM SINGH AND ANOTHER …Respondents
CORAM: HON’BLE MR. JUSTICE HARKESH MANUJA By way of present revision petition, challenge has been laid to an order dated 22.10.2019 passed by Civil Judge (Senior Division), , whereby objections filed by the trust were decree holder was held entitled to an statutory benefits and interest. Briefly stating, land measuring 9 Kanal 17-5/6 Marla belonging to decree holder was acquired under an award dated 04.08.1981. On der Section 18 of the Land Acquisition Act, the Reference Court vide award dated 24.09.1986 enhanced the compensation to Rs. 377 Subsequently, the decree holder filed an execution petition in the year 2015 claiming compensation at the rate of Rs. 600 per marla on the basis of judgments rendered in cases of other landowners. The 1
By way of present revision petition, challenge has been laid to an order dated 22.10.2019 passed by Civil Judge (Senior Division), , whereby objections filed by the trust were decree holder was held entitled to an 5/6 Marla belonging to decree holder was acquired under an award dated 04.08.1981. On der Section 18 of the Land Acquisition Act, the Reference Court vide award dated 24.09.1986 enhanced the compensation to Rs. 377 Subsequently, the decree holder filed an execution petition in of Rs. 600 per marla on the basis of judgments rendered in cases of other landowners. The SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document
CR-215-2020 (O&M) 2
petitioner-Trust contested the claim by filing objections inter alia on the grounds that the executing Court cannot travel beyond the decree and that excess payment has already been made. [4]
The learned executing Court, however, dismissed the objections and granted enhanced compensation along with interest vide
order dated 22.10.2019. Aggrieved thereof, the petitioner-trust filed the present revision petition. [5]
I have heard learned counsel for the parties and perused the paper-book of the case. [6]
In the present case, there is no dispute that some of the co- sharers of the respondent-decree holder in relation to the acquired land preferred civil writ petition before this Court for enhancement of compensation, wherein vide decision dated 23.05.2006 passed in CWP No. 5787 of 1987, the market value of the acquired land was enhanced to Rs. 20/- per square yards i.e. Rs. 600/- per marla. [7]
In view of the latest exposition of law by the Hon’ble Apex Court vide decision dated 13.01.2026 passed in Civil Appeal No(s).391 - 398 of 2026 (@SLP (C) No(S).4532-4539 of 2023), titled
“Ramphal &Ors. Versus Haryana State Industrial And Infrastructure Development Corporation Limited &Ors”, wherein the Hon’ble Supreme Court has been pleased to uphold the claims made by the co-sharers with regard to entitlement of similar amount of compensation as granted in favour of their co-owners in the acquired land, however, restricted the award of interest. Relevant paras 11 to 14 from the aforesaid decision dated 13.01.2026 are extracted hereunder:-
“11. In fact, we have been informed at the Bar by the learned counsel appearing for the appellants, which is not seriously SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document
CR-215-2020 (O&M) 3
disputed by the learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the Rules then prevalent. In other words, the acquiring body is also benefited to certain extent, which is an instrumentality of the State. Thus, the scales have to be balanced in this scenario. 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 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 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. 14. In the event of time line which has been fixed by this Court is not adhered to by the respondent(s) authorities, they shall be liable to pay interest @ nine per cent (9%) on the amounts so determined from the date of such determination.”
[8] In view of the aforesaid decision rendered by the Hon’ble Supreme Court, the present petition being devoid of merits, is hereby dismissed. [9] The learned Executing Court is requested to expedite the release of compensation amount in favour of respondents-landowners while keeping in view the specific and categoric directions issued in SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document
CR-215-2020 (O&M) 4
Ramphal’s case (supra), especially when it has not been disputed by the petitioner that the respondents-landowners happened to be the co-sharers of the applicants who preferred references under Section 18 of the Land Acquisition Act, 1894 and enhancement was ordered in their favour. The respondents-landowners shall also be entitled to the award of market value which was finally determined with respect to the related acquisition. [10] Pending miscellaneous application(s), if any, shall also stand
disposed of.
21.04.2026
(HARKESH MANUJA) sanjay
JUDGE
Whether speaking/reasoned? Yes/No
Whether Reportable?
Yes/No SANJAY GUPTA 2026.04.23 18:34 I attest to the accuracy and integrity of this document