CWP-27123-2023 (O&M IN THE HIGH COURT OF PUNJAB AND HARYANA 274 M/S SHAH RICE MILLS Vs UNION OF INDIA AND ORS CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. Mr. Ranjit Saini, Advocate for the petitioner. Mr. Vikas Chatrath, Advocate for respondent No.1. Mr. Athar Ahmed, DAG, Punjab. Mr. Ashish Verma, Advocate for respondent No.2. HARKESH MANUJA, J. (Oral) [1]. By way of present petition filed under Article Constitution of India, prayer has been made for issuance of direction to the learned Executing Court to decide the Execution No. Mills vs. Union of India and others [2]. Admittedly, certain land owned by the petitioner notification dated 1956, followed by an award dated Collector, awarding compensation to the landowners including the petit Aggrieved thereof of vide order dated 31.05.2019 enhancing the compens per square yard. O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.27123 of Date of Decision: M/S SHAH RICE MILLS Vs UNION OF INDIA AND ORS HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Neeraj K. Tyagi, Advocate for Mr. Ranjit Saini, Advocate for the petitioner. Mr. Vikas Chatrath, Advocate for respondent No.1. Mr. Athar Ahmed, DAG, Punjab. Mr. Ashish Verma, Advocate for respondent No.2. **** MANUJA, J. (Oral) By way of present petition filed under Article Constitution of India, prayer has been made for issuance of direction to the learned Executing Court to decide the Execution No.294 of Mills vs. Union of India and others’ in a time bound Admittedly, certain land owned by the petitioner notification dated 04.02.2014 under Section 3 , followed by an award dated 30.09.2014 awarding compensation to the landowners including the petit Aggrieved thereof, petitioner sought arbitration and finally the matter of vide order dated 31.05.2019 enhancing the compens per square yard. Feeling dissatisfied, petitioner filed IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.27123 of 2023 (O&M) Date of Decision: 06.08.2025 ......Petitioner(s) ....Respondent(s) HON'BLE MR. JUSTICE HARKESH MANUJA By way of present petition filed under Article 226/227 of the Constitution of India, prayer has been made for issuance of direction to the learned 294 of 2019 titled as ‘M/s Shah Rice in a time bound manner. Admittedly, certain land owned by the petitioner(s) was acquired vide under Section 3-D of the National Highway Act, 30.09.2014 passed by the Land Acquisition awarding compensation to the landowners including the petitioner petitioner sought arbitration and finally the matter was disposed of vide order dated 31.05.2019 enhancing the compensation to the tune of Rs.8595 Feeling dissatisfied, petitioner filed petition under Section 34 of 1 227 of the Constitution of India, prayer has been made for issuance of direction to the learned M/s Shah Rice was acquired vide D of the National Highway Act, passed by the Land Acquisition oner. was disposed ation to the tune of Rs.8595 petition under Section 34 of MOHMED ATIK 2025.08.07 18:09 I attest to the accuracy and authenticity of this order/judgment CWP-27123-2023 (O&M the Arbitration and Conciliation Act, 1996 whereas the respondents have also challenged the said award passed by the Arbitrator Court of learned Addl. District Judge, Ferozepur, however no stay of any kind has been granted to the respondents. [3]. Later learned District the same is pending has not been disbursed to the petitioner [4]. Learned counsel for the petitioner being aggrieved of the non present writ petition for decide the execution application expeditiously and [5]. I have book. [6]. A perusal of record shows that execution application (Annexure P filed by the petitioners on waiting to get their amount of compensation on the basis of order dated passed by Commissioner [7]. In as (2021) 6 SCC 418 proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay.” [8]. In view of above, the Court of Addl. Executing Court) is requested to dispose of the Executing Petition No. O&M) the Arbitration and Conciliation Act, 1996 whereas the respondents have also challenged the said award passed by the Arbitrator Court of learned Addl. District Judge, Ferozepur, however no stay of any kind has been granted to the respondents. Later the petitioner filed Execution learned District Judge, Ferozepur, which was listed the same is pending and has not been decided till date has not been disbursed to the petitioner(s). Learned counsel for the petitioner being aggrieved of the non-disbursal of amount of compensation petition for issuance of direction to the Executing Court ution application expeditiously and I have heard learned counsel for the parties and perused the paper A perusal of record shows that execution application (Annexure P filed by the petitioners on 18.11.2019 is still pending and the petitioner waiting to get their amount of compensation on the basis of order dated Commissioner-cum-Arbitrator (Annexure P In Rahul S. Shah vs. Jinendra Kumar Gandhi and others (2021) 6 SCC 418 the Hon’ble Supreme Court “That the executing Court must dispose of execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay.” In view of above, the Court of Addl. Executing Court) is requested to dispose of the Executing Petition No. the Arbitration and Conciliation Act, 1996 whereas the respondents have also challenged the said award passed by the Arbitrator which is pending before the Court of learned Addl. District Judge, Ferozepur, however no stay of any kind has Petition No.294 of 2019 before the listed on 27.11.2019 and since then and has not been decided till date; the amount of compensation Learned counsel for the petitioner(s) submits that the petitioner disbursal of amount of compensation have filed the rection to the Executing Court concerned to ution application expeditiously and in a time bound manner. heard learned counsel for the parties and perused the paper A perusal of record shows that execution application (Annexure P is still pending and the petitioner(s) waiting to get their amount of compensation on the basis of order dated 31.05.2019 (Annexure P-2). Rahul S. Shah vs. Jinendra Kumar Gandhi and others reported ’ble Supreme Court held as follows:- “That the executing Court must dispose of execution proceedings within 6 months from the date of filing which may be extended only by recording reasons in writing for such delay.” In view of above, the Court of Addl. District Judge, Ferozepur (the Executing Court) is requested to dispose of the Executing Petition No.294 of 2019 2 the Arbitration and Conciliation Act, 1996 whereas the respondents have also ng before the Court of learned Addl. District Judge, Ferozepur, however no stay of any kind has before the and since then the amount of compensation submits that the petitioner(s) filed the concerned to heard learned counsel for the parties and perused the paper A perusal of record shows that execution application (Annexure P-4) (s) is 31.05.2019 reported “That the executing Court must dispose of execution proceedings within 6 months from the date of filing which may be (the 2019 MOHMED ATIK 2025.08.07 18:09 I attest to the accuracy and authenticity of this order/judgment CWP-27123-2023 (O&M as expeditiously as possible, preferably within a period of next 0 today, as any further delay is going to cause serious prejudice to the rights of the petitioner(s). [9]. It is made clear that nothing said hereinabove shall be construed as an expression of opinion on the merits of the execution proceeding [10]. Petition stands disposed of in the aforesaid terms. Pending application(s), if any August 06, 2025 Atik Whether speaking/reasoned Whether reportable O&M) as expeditiously as possible, preferably within a period of next 0 today, as any further delay is going to cause serious prejudice to the rights of the It is made clear that nothing said hereinabove shall be construed as an expression of opinion on the merits of the execution proceeding Petition stands disposed of in the aforesaid terms. Pending application(s), if any, shall also be disposed of. 5 Whether speaking/reasoned Yes/No Whether reportable Yes/No as expeditiously as possible, preferably within a period of next 04 months from today, as any further delay is going to cause serious prejudice to the rights of the It is made clear that nothing said hereinabove shall be construed as an expression of opinion on the merits of the execution proceedings. Petition stands disposed of in the aforesaid terms. Pending (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 months from today, as any further delay is going to cause serious prejudice to the rights of the It is made clear that nothing said hereinabove shall be construed as an Petition stands disposed of in the aforesaid terms. Pending MOHMED ATIK 2025.08.07 18:09 I attest to the accuracy and authenticity of this order/judgment