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High Court of Punjab and Haryana · body

2025 DAILYLAW 100259 (PNJ)

JASBIR MALIK v. STATE OF HARYANA AND ANOTHER

CR/6364/2025 · 2025-09-24

Harkesh Manuja

body2025

Judgment text

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179 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JASBIR MALIK STATE OF HARYANA AND ANOTHER CORAM: HON'BLE MR. JUSTICE Present: Mr. Ms. Komal Sharma, DAG, Haryana. Mr. H.S. Gill, Advocate for respondent (through video conferencing). HARKESH MANUJA Vide this common order, six petitions shall stand disposed of, details of which are mentioned in the foot of the judgment. For convenience, facts are taken from CWP Short point involved in the present case compensation in favour of petitioner(s) against acquisition of their lands in terms of award dated 29.09.2014 passed by learned Additional District Judge-cum-Reference Court, Mewat. Learned counsel appearing on behalf of respondent informs that the department is in the process of deposit of the amount with the learned Reference regarding apportionment nor even entitlement, as such, there is no question of deposit Executing Court and the same can straightaway be deposited account of petitioner(s) compensation has already become final circumstances, compensation payable to the petitioner(s) directl to save the time IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-6364-2025 Date of Decision: JASBIR MALIK Versus STATE OF HARYANA AND ANOTHER HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Pavan Malik, Advocate for the s. Komal Sharma, DAG, Haryana. Mr. H.S. Gill, Advocate for respondent (through video conferencing). **** HARKESH MANUJA, J. (ORAL) Vide this common order, six petitions shall stand disposed of, details of which are mentioned in the foot of the judgment. For convenience, facts are taken from CWP-6364 Short point involved in the present case compensation in favour of petitioner(s) against acquisition of their lands erms of award dated 29.09.2014 passed by learned Additional District Reference Court, Mewat. Learned counsel appearing on behalf of respondent informs that the department is in the process of deposit of the amount with the learned Reference Court. Admittedly, neither there is any dispute regarding apportionment nor even entitlement, as such, there is no deposit of the compensation Executing Court and the same can straightaway be deposited account of petitioner(s)-landowner(s) as the determination of quantum of compensation has already become final inter se respondent-HSVP may deposit the amount of compensation payable to the petitioner(s) directl to save the time and energy of the Courts within 10 days from today. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH and other connected cases Date of Decision: September 24, 2025 ........Petitioner .......Respondent HARKESH MANUJA Advocate for the petitioner(s). s. Komal Sharma, DAG, Haryana. Mr. H.S. Gill, Advocate for respondent-HSVP Vide this common order, six petitions shall stand disposed of, details of which are mentioned in the foot of the judgment. For 6364-2025. Short point involved in the present case(s) is about release of compensation in favour of petitioner(s) against acquisition of their lands erms of award dated 29.09.2014 passed by learned Additional District Learned counsel appearing on behalf of respondent-HSVP informs that the department is in the process of deposit of the amount Court. Admittedly, neither there is any dispute regarding apportionment nor even entitlement, as such, there is no compensation amount with the learned Executing Court and the same can straightaway be deposited in the landowner(s) as the determination of quantum of inter se the parties. In such HSVP may deposit the amount of compensation payable to the petitioner(s) directly in their accounts so as and energy of the Courts within 10 days from today. and other connected cases September 24, 2025 Vide this common order, six petitions shall stand disposed of, details of which are mentioned in the foot of the judgment. For is about release of compensation in favour of petitioner(s) against acquisition of their lands erms of award dated 29.09.2014 passed by learned Additional District HSVP informs that the department is in the process of deposit of the amount Court. Admittedly, neither there is any dispute regarding apportionment nor even entitlement, as such, there is no learned in the landowner(s) as the determination of quantum of the parties. In such HSVP may deposit the amount of y in their accounts so as TEJWINDER SINGH 2025.09.27 08:03 I agree to specified portions of this document CR-6364-2025 and other connected cases -2- Learned counsel for the petitioner(s) informs that the details of banks have already been provided along with the details of successors besides the revenue record to Land Acquisition Collector, Faridabad. Learned counsel for the petitioner(s) also places reliance upon a decision dated 22.03.2022 passed by the learned Income Tax Appellate Tribunal in “ITA Nos. 39, 40 and 41/Del of 2021”, titled as “Land Acquisition Office, HUDA complex Vs. DCIT (TDS) Gurgaon” to submit that the TDS is not to be deducted on the amount of compensation against the release of acquisition of land. The respondents are directed to keep in mind the law laid down in the aforementioned judgment while disbursement of compensation. It is made clear that in case the respondents fail to deposit the amount due to the landowners within the aforesaid period, the present contempt proceedings shall automatically stand restored and the Chief Administrator, HSVP shall remain present in person on the date fixed along with Land Acquisition Collector, Faridabad. Pending application(s), if any, shall also stand disposed of. 24.09.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Case No. Title COCP-1346-2025 HARISH KUMAR @ HARISH KUMAR MALIK @HARISH MALIK V/S CHANDER SHEKHAR KHARE & ANR COCP-2412-2025 MOHIT MALIK AND ANOTHER V/S CHANDER SHEKHAR KHARE AND ANOTHER COCP-2729-2025 HARSHARAN KAUR MALIK AND ANOTHER V/S CHANDER SHEKHAR KHARE AND ANOTHER COCP-2731-2025 MANJIT SINGH V/S CHANDER SHEKHAR KHARE AND ANOTHER COCP-2748-2025 GURCHARAN SINGH ANOTHER V/S CHANDER SHEKHAR KHARE AND ANOTHER TEJWINDER SINGH 2025.09.27 08:03 I agree to specified portions of this document