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2025 DAILYLAW 109876 (PNJ)

RANBIR SINGH v. STATE OF PUNJAB AND ORS

CR/7559/2024 · 2025-01-07

Harkesh Manuja

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Judgment text

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CR No.7559 of 2024 IN TH 214-2 RANBIR SINGH Vs STATE OF PUN CORAM: HON' Present: Mr. for th Mr. V HARKESH MAN [1]. Praye to Reference C Execution Applic vs. State of Punja dated 27.01.2016 connected matters [2]. Adm notifications date the Land Acquisi award dated 12.0 compensation to t villages at flat ra Khanauri. (O&M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR CR No.75 Date of De INGH PUNJAB AND ORS ON'BLE MR. JUSTICE HARKESH Mr. Ashok Bhardwaj Advocate for the petitioner. Mr. Vishnav Gandhi, D.A.G., Punjab **** MANUJA, J. (Oral) Prayer in the present civil revision p ce Court-cum-Additional District pplication No.560/2019 dated 13.05 unjab and Ors.” within a time bou .2016 passed by this Court in RFA N atters and order dated 21.07.2017 pas Admittedly, certain land owned by s dated 20.11.2006 and 29.04.2007, i cquisition Act, 1894 (in short ‘1894 A d 12.04.2008, whereby, the petitioner on to the tune of Rs.6 lacs per acre in flat rate and Rs.10 lacs per acre for UNJAB AND HARYANA IGARH 7559 of 2024 (O&M) of Decision: 07.01.2025 ......Petitioner(s) ....Respondent(s) ESH MANUJA Punjab. sion petition is for issuance of directio trict Judge, Sangrur to decide th 13.05.2019, titled as “Bhagwani De e bound period and in terms of orde RFA No.3367 of 2011 alongwith oth 17 passed in CR No.4676 of 2017. ed by the petitioner was acquired vid 007, issued under Sections 4 and 6 o 1894 Act’) respectively, followed by a itioner and other persons were grante including solatium for land of nin re for the land acquired of the villag 1 irection ide the i Devi orders other vide nd 6 of d by an granted of nine village MOHMED ATIK 2025.01.09 18:20 I attest to the accuracy and authenticity of this order/judgment CR No.7559 of 2024 [3]. Feeli the Act, which wa Thereafter, the lan bunch of appeal allowed while en for the acquired l uniform rate as (Annexure P-1). award to the decr to the order dated the same was ch disposed of vide o the objections file by the Additional of while granting the petitioner and and the same is compensation has [4]. Lear aggrieved of the revision petition decide the executi [5]. I hav book. (O&M) Feeling dissatisfied, the land owners ich was dismissed by the reference Co the land owners challenged the said appeals seeking enhancement of co ile enhancing the market value to the uired land of nine villages and Rs.21 te as regards village Khanauri, v 1). Thereafter, the judgment debto e decree holder/petitioner except solat dated 27.02.2017 passed by the Addi as challenged before this Court in C vide order dated 21.07.2017, whereby ns filed by the JDs, afresh. Later, vid itional District Judge, Sangrur, the ex anting amount of compensation along er and other land owners filed execu me is pending since then and till on has not been disbursed to the petitio Learned counsel for the petitioner f the non-disbursal of amount of com tition for issuance of direction to th xecution application expeditiously, in I have heard learned counsel for th wners filed petition under Section 18 o nce Court vide award dated 15.12.201 award before this Court by way o compensation and the same we to the tune of Rs.15,95,600/- per ac Rs.21 lac per acre was enhanced at th uri, vide decision dated 27.01.201 t debtor made part payment under th t solatium and interest thereof, pursu Additional District Judge, Sangrur an rt in CR No.4676 of 2017, which wa hereby directions were issued to decid ter, vide order dated 20.12.2017 passe the execution application was dispose along with statutory reliefs. Thereafte execution application No.560 of 201 d till date, the enhanced amount o petitioner and other land owners. ioner submits that the petitioner bein of compensation have filed the prese to the Executing Court concerned sly, in a time bound manner. for the parties and perused the pap 2 on 18 of 2.2010. way of e were per acre d at the 1.2016 der the ursuant grur and ich was decide passed isposed ereafter, of 2019 ount of r being present rned to e paper MOHMED ATIK 2025.01.09 18:20 I attest to the accuracy and authenticity of this order/judgment CR No.7559 of 2024 [6]. A pe filed by the petitio petitioner is waiti 27.01.2016 and or [7]. In as (2021) 6 SCC 4 proc exten [8]. In vi Executing Court) expeditiously as p as any further d petitioner. [9]. It is m expression of opin [10]. Petit application(s), if a January 07, 202 Atik Whe Whe (O&M) A perusal of record shows that exec petitioner and other land owners on s waiting to get his amount of compen and order dated 21.07.2017 (Annexur In Rahul S. Shah vs. Jinendra Ku CC 418 the Hon’ble Supreme Court “That the executing Cour proceedings within 6 months from extended only by recording reasons i In view of above, the Court of Ad Court) is requested to dispose of the E ly as possible, preferably within a peri ther delay is going to cause seriou It is made clear that nothing said here of opinion on the merits of the executi Petition stands disposed of in (s), if any shall also disposed of. , 2025 Whether speaking/reasoned Yes/N Whether reportable Yes/N t execution application (Annexure P s on 13.05.2019, is still pending and th ompensation on the basis of order date nexures P-1 and P-3 respectively). Kumar Gandhi and others reporte Court held as follows:- Court must dispose of executio rom the date of filing which may b ons in writing for such delay.” of Addl. District Judge, Sangrur (th f the Executing Petition No.560/2019 a period of next 04 months from toda serious prejudice to the rights of th id hereinabove shall be construed as an xecution proceedings. f in the aforesaid terms. Pendin (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 P-5) and the er dated reported cution ay be (the 2019 as today, of the d as an Pending MOHMED ATIK 2025.01.09 18:20 I attest to the accuracy and authenticity of this order/judgment