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2023 DAILYLAW 5995 (PNJ)

MANJIT SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CWP/15896/2026 · 2026-07-21

Jagmohan Bansal

body2023

Judgment text

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CWP-15896 IN THE HIGH COURT OF PUNJAB AND HARYANA 120 Manjit Singh and another State of Punjab CORAM: Present: JAGMOHAN BANSAL 1. Constitution of India are seeking directio compensation of Rs.5,00,000/ 2. Area of acquisition was more than 50% of their land. The competent authority determined compensation payable under National Highway however, did not consider question of rehabilitation. The petitioners and o farmers made a representation to SDM, Dera Baba Nanak seeking release of compensation towards rehabilitation. The SDM vide letter dated 24.01.2023, asked the Project Director, NHAI to consider release of Rs.5,00,000/ farmer whose mor than 50% land was acquired, thus, they were entitled to Rs.5,00,000/ 3. respondent No.4 are taken on record. 15896-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision : Manjit Singh and another Versus Punjab and others CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Mr. Sumeet Singh Brar, Advocate for the petitioners. Mr. Puru Jarewal, DAG, Punjab. Mr. Rishi Kaushal, Advocate, for respondent No.2, 5 and 6. **** JAGMOHAN BANSAL, J. ( Oral ) The petitioners through instant petition under Articles 226/227 of Constitution of India are seeking directio compensation of Rs.5,00,000/- along with interest. The petitioners are claiming that re Area of acquisition was more than 50% of their land. The competent authority determined compensation payable under National Highway however, did not consider question of rehabilitation. The petitioners and o farmers made a representation to SDM, Dera Baba Nanak seeking release of compensation towards rehabilitation. The SDM vide letter dated 24.01.2023, asked the Project Director, NHAI to consider release of Rs.5,00,000/ farmer whose more than 50% land has been acquired. The petitioners’ more than 50% land was acquired, thus, they were entitled to Rs.5,00,000/ Separate replies filed on behalf of respondent Nos.2, 5 respondent No.4 are taken on record. -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15896-2026 (O&M) Date of decision : 21.07.2026 …….Petitioners ...….Respondents HON'BLE MR. JUSTICE JAGMOHAN BANSAL , Advocate, Puru Jarewal, DAG, Punjab. , Advocate, The petitioners through instant petition under Articles 226/227 of Constitution of India are seeking direction to respondents to release along with interest. The petitioners are claiming that respondents acquired their land. Area of acquisition was more than 50% of their land. The competent authority determined compensation payable under National Highways Act, 1956, however, did not consider question of rehabilitation. The petitioners and o farmers made a representation to SDM, Dera Baba Nanak seeking release of compensation towards rehabilitation. The SDM vide letter dated 24.01.2023, asked the Project Director, NHAI to consider release of Rs.5,00,000/- to each e than 50% land has been acquired. The petitioners’ more than 50% land was acquired, thus, they were entitled to Rs.5,00,000/- each. Separate replies filed on behalf of respondent Nos.2, 5 & 6 The petitioners through instant petition under Articles 226/227 of n to respondents to release spondents acquired their land. Area of acquisition was more than 50% of their land. The competent authority 1956, however, did not consider question of rehabilitation. The petitioners and other farmers made a representation to SDM, Dera Baba Nanak seeking release of compensation towards rehabilitation. The SDM vide letter dated 24.01.2023, to each e than 50% land has been acquired. The petitioners’ more each. 6 and AJAY PRASHER 2026.07.21 17:31 I attest to the accuracy and integrity of this document CWP-15896-2026 (O&M) -2- 4. Learned counsel for the petitioners submits that in the meeting dated 30.07.2021, SDM, Dera Bana Nanak had agreed to release Rs.5,00,000/- to each farmer whose more than 50% land was acquired. 5. Learned State counsel and learned counsel for the NHAI submit that the landowners were paid compensation as per National Highways Act, 1956. There is no provision to make payment over and above the award. The farmers were agitating and creating problem of law and order. Thus, to resolve the problem, the SDM forwarded a letter to NHAI to consider payment of Rs.5,00,000/- to each farmer whose more than 50% land was acquired. There was no statutory backing. In the absence of statutory provision, petitioners cannot claim the said amount. 6. From the perusal of record, it is evident that there is no award in favour of the petitioners whereby compensation of Rs.5,00,000/- over and above the award passed under the National Highways Act has been determined. The petitioners are relying upon communication dated 24.01.2023 (Annexure P-1) whereby SDM has requested NHAI to release a sum of Rs.5,00,000/- to seven farmers. The NHAI has refused to release aforesaid amount because there was no statutory backing. NHAI is liable to pay compensation as per award. No amount can be released beyond award. There is no award qua claimed amount of compensation. In the absence of award, this Court, on the basis of mere communi- cation of SDM to NHAI cannot direct respondents to release the aforesaid amount. 7. Accordingly, the petition stands dismissed. The petitioners are at liberty to avail any other remedy as permissible by law. 8. Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) July, 21, 2026 JUDGE Ajay Prasher Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY PRASHER 2026.07.21 17:31 I attest to the accuracy and integrity of this document