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2022 DAILYLAW 2261 (PNJ)

M/S NAUNIDH INTERNATIONAL THROUGH ITS PARTNER AP SINGH AHUJA v. STATE OF HARYANA AND OTHERS

CWP/22580/2024 · 2026-03-06

Harkesh Manuja

body2022

Judgment text

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1 159 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M/S NAUNIDH INTERNATIONAL THROUGH ITS PARTNER AP SINGH AHUJA STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Vishal Sharma, Mr. H.S. Gill, Ms. Komal Sharma, DAG, Haryana. HARKESH MANUJA By way of present writ petition filed under Article 226/227 of the Constitution of India, prayer has been made for setting aside the speaking order dated 27.04.2022 passed by respond the claim made by the petitioner towards grant of statutory interest in terms of Section 34 of the in Land Acquisition, Rehabilitation and Resettlement ‘the Act’) on account of delay in stands rejected. 2. Briefly stating, some land owned by the petitioners forming part of revenue estate of village Harsaru, Tehsil Gurugram came to be acquired vide notification 24.12.2014 issued under Sections 4 and 6 of the 1894 respectively. Subsequently, Award dated 23.12.2016 was passed by the Land Acquisition Collector (for short ‘the LAC’). The acquisition was carried for public IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: M/S NAUNIDH INTERNATIONAL THROUGH ITS PARTNER AP SINGH Versus STATE OF HARYANA AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vishal Sharma, Advocate for the Mr. H.S. Gill, Advocate for respondent Nos.2 to 4. Ms. Komal Sharma, DAG, Haryana. **** HARKESH MANUJA, J. (ORAL) By way of present writ petition filed under Article 226/227 of the Constitution of India, prayer has been made for setting aside the speaking order dated 27.04.2022 passed by respond the claim made by the petitioner towards grant of statutory interest in terms of Section 34 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement on account of delay in disbursal of stands rejected. Briefly stating, some land owned by the petitioners forming part of revenue estate of village Harsaru, Tehsil Gurugram came to be acquired vide notification 24.12.2014 issued under Sections 4 and 6 of the respectively. Subsequently, Award dated 23.12.2016 was passed by the Land Acquisition Collector (for short ‘the LAC’). The acquisition was carried for public purpose namely, for development and utilization of CWP-22580-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-22580-2024 Date of Decision: March 06, 2026 M/S NAUNIDH INTERNATIONAL THROUGH ITS PARTNER AP SINGH ........Petitioner .....Respondents HARKESH MANUJA Advocate for the petitioner. respondent Nos.2 to 4. Ms. Komal Sharma, DAG, Haryana. By way of present writ petition filed under Article 226/227 of the Constitution of India, prayer has been made for setting aside the speaking order dated 27.04.2022 passed by respondent No.5 whereby, the claim made by the petitioner towards grant of statutory interest in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short disbursal of the compensation amount Briefly stating, some land owned by the petitioners forming part of revenue estate of village Harsaru, Tehsil Harsaru, District Gurugram came to be acquired vide notifications dated 27.12.2013 and 24.12.2014 issued under Sections 4 and 6 of the Land Acquisition Act, respectively. Subsequently, Award dated 23.12.2016 was passed by the Land Acquisition Collector (for short ‘the LAC’). The acquisition development and utilization of 2024 March 06, 2026 M/S NAUNIDH INTERNATIONAL THROUGH ITS PARTNER AP SINGH Petitioner By way of present writ petition filed under Article 226/227 of the Constitution of India, prayer has been made for setting aside the ent No.5 whereby, the claim made by the petitioner towards grant of statutory interest in Right to Fair Compensation and Transparency Act, 2013 (for short compensation amount Briefly stating, some land owned by the petitioners forming District s dated 27.12.2013 and Land Acquisition Act, respectively. Subsequently, Award dated 23.12.2016 was passed by the Land Acquisition Collector (for short ‘the LAC’). The acquisition development and utilization of TEJWINDER SINGH 2026.03.13 17:20 I agree to specified portions of this document 2 CWP-22580-2024 land for Sector Roads in Sector 88-A, 88-B, 89-A, 89-B, 95-A, 95-B and 99-A in Gurugram. In terms of the award dated 23.12.2016, some part of compensation as against the cost of tubewell and construction etc. was released in favour of the petitioner in the month of January, 2017, however, compensation towards the land value was released only on 30.10.2021. 3. Aggrieved by the delayed disbursal of the land value, the petitioner preferred a claim before respondent No.5 in terms of Section 80 of the Act for grant of benefit of statutory interest, however, the said claim was declined by respondent No.5 having passed speaking order dated 27.04.2022. Relevant portion thereof is extracted hereunder for reference:- “Thereafter, with the directions of the Chief Administrator, HSVP, Panchkula, the concerned officials agains prepared the calculation of award and made to the Chief Controller of Finance, HSVP, Panchkula on 12.08.2021 without making any delay and the compensation amount was duly got transferred through RTGS into the A/c of petitioner on 30.10.2021. Keeping in view, the aforesaid facts, despite of statement and representation by the petitioners it is revelaed that it is a matter of fact that after receiving the required documents from the petitioner concerned, without making any delay calculated the amount and made to the Chief Controller of Finance, HSVP, Panchkula on 03.11.2020 to release the fund in favour of the petitioner through RTGS. The petitioner himself delayed to provide the relevant documents slash details, PAN card, cheque etc. for the transfer of awarded amount. Hence, the claim of the petitioner of interest on delayed payment is not maintainable and petitioner are not entitled for the same. The Price Fixation Committee considered the relevant provision of the Act 2013 and recommended” TEJWINDER SINGH 2026.03.13 17:20 I agree to specified portions of this document 3 CWP-22580-2024 4. By way of present revision petition, challenge has been laid to the said order. 5. In response to notice of motion, written statement has been filed today in Court on behalf of respondent Nos.2 to 4 wherein the following stand has been taken:- Relevant para No.6 thereof is extracted hereunder for reference:- “That it is respectfully submitted the Land Acquisition Officer. Gurugram is bound to pay the compensation of acquired as per eligibility of the land owners. It is further submitted that the Land Acquisition Officer, has rightly been passed the speaking order dated 27.04.2022 in compliance of order dated 15.03.2021 passed by this Hon'ble High Court in CWP No. 5927 of 2021 after considering the all- relevant facts of the petitioner mentioning that the petitioner himself delayed to provide the relevant documents / details, PAN Card, Cheque etc. for the transfer of awarded amount. Hence, the claim of the petitioner of interest on delayed payment is not maintainable and petitioner are not entitled for the same. The price Fixation Committee considered the relevant provision of the Act 2013 and recommended.” 6. I have heard learned counsel for the parties and gone through the paper-book. 7. Admittedly, in terms of Award dated 23.12.2016 passed by the LAC, complete payment towards land value was released in favour of petitioner-landowner only on 30.10.2021. However, a plea has been taken by the respondents in their reply as well as in the speaking order passed by respondent No.5 to the effect that the delay occurred on account of conduct of the petitioner, who allegedly failed to provide the relevant documents/details such as PAN Card, cheques etc. to the office of respondents for the purpose of transfer of the awarded amount. Strangely, in the entire reply or even in the speaking order, no mention TEJWINDER SINGH 2026.03.13 17:20 I agree to specified portions of this document 4 CWP-22580-2024 has been made of any correspondence or notice served upon the petitioner so as to call upon him to provide documents such as PAN Card or cheque etc. In the absence of any such communication or notice served upon the petitioner by the office of respondents, it cannot be presumed that the delay in release of payment of compensation against award dated 23.12.2016 was in any manner attributable to the petitioner on account of failure to supply the requisite documents to the respondents. 8. In such circumstances, speaking order passed by respondent No.5 is hereby set aside. 9. Respondent No.5 is directed to release the benefit of statutory interest in terms of Section 80 of the Act passed vide award dated 23.12.2016 in favour of petitioner. The needful exercise be carried out within two months from today and the payment be released in favour of petitioner within one month thereafter. 10. In case the needful is not done, respondent No.5 shall be liable to pay litigation cost to the tune of Rs.50,000/- per month to the petitioner which shall be borne by respondent No.5 from his/her own pocket and shall not be treated as financial burden upon the State exchequer. 11. Pending application(s), if any, shall also stand disposed of. 06.03.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.03.13 17:20 I agree to specified portions of this document