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2025 DAILYLAW 42583 (PNJ)

SHRI BHAGWAN AND OTHERS v. STATE OF HARYANA AND ANOTHER

CR/2144/2025 · 2025-04-05

Harkesh Manuja

Civil Appealbody2025

Judgment text

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141 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 2144 of 2025 (O&M) Date of Decision: 05.04.2025 Shri Bhagwan and others .......... Petitioners Versus State of Haryana and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Ms. Anita Balyan, Advocate for the petitioners. **** HARKESH MANUJA, J. (ORAL) The petitioners, by way of present petition filed under Article 227 of the Constitution of India, seek issuance of directions to the Executing Court to decide the execution proceedings in Execution No. 635 of 2022, titled “Shri Bhagwan and others Versus State of Haryana and others” within a time bound period in terms of decision dated 22.04.2021 rendered by the Hon’ble Apex Court in Civil Appeal No(s). 1659-1660 of 2021, titled “Rahul S Shah Versus Jinendra Kumar Gandhi & Ors.”. [2] Admittedly, certain land owned by the petitioners-landowners was acquired vide notification dated 15.12.2006 and 14.12.2007 issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for short “the Act”) respectively, followed by an award dated 03.07.2009 passed by the Land Acquisition Collector, whereby the petitioners-landowners and other persons were granted compensation to the tune of Rs.20 lakhs per acre. Feeling dissatisfied, the landowners filed petition under Section 18 of the Dinesh Kumar 2025.04.07 15:10 I attest to the accuracy and integrity of this document Civil Revision No. 2144 of 2025 (O&M) [2] Act, which was decided by the Reference Court vide award dated 05.07.2014. [3] Aggrieved thereof, the petitioners-landowners and other landowners filed Regular First Appeal before this Court, which was allowed vide order dated 16.03.2022 (Annexure P-1) enhancing the compensation to the tune of Rs. 42.51 lakhs per acre. Later, the petitioners filed the aforesaid Execution Petition No. 635 of 2022 on 19.10.2022 before the learned Additional District & Sessions Judge, Rohtak and the same is now fixed for 21.04.2025 for making payment of compensation to the petitioners, however, till date, the enhanced amount of compensation has not been disbursed to the petitioners and other landowners. [4] Learned counsel for the petitioners submits that the petitioners being aggrieved of the non-disbursal of amount of compensation has filed the present revision petition for issuance of direction to the Executing Court concerned to decide the execution application expeditiously, in a time bound manner. [5] Notice of motion. [6] On asking of the Court, Mr. Ravi Pratap Singh, Deputy Advocate General, Haryana, accepts notice and waives services on behalf of the respondents and assures to make the necessary payment in favour of the petitioners. [7] I have heard learned counsel for the parties and perused the paper-book. [8] A perusal of record shows that execution application (Annexure P-2) filed by the petitioners on 19.10.2022 is still pending and the petitioners are waiting to get their amount of compensation on the basis of Dinesh Kumar 2025.04.07 15:10 I attest to the accuracy and integrity of this document Civil Revision No. 2144 of 2025 (O&M) [3] order dated 16.03.2022 passed by this Court. [9] In Rahul S. Shah Versus Jinendra Kumar Gandhi and others, reported as (2021) 6 SCC 418, the Hon’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.” [10] In view of above, the Court of Additional District and Sessions Judge, Rohtak (the Executing Court) is requested to decide / dispose off the aforesaid Execution Petition as expeditiously as possible, as per law, preferably within a period of four months from the date fixed in the same, i.e. 21.04.2025, as any further delay is going to cause serious prejudice to the rights of petitioners / landowners. [11] Petition stands disposed off accordingly. [12] It is made clear that nothing said hereinabove shall be construed as an expression of opinion on the merits of the execution proceedings. [13] Pending miscellaneous application(s), if any, shall also stand disposed off. April 05, 2025 ( HARKESH MANUJA ) 'dk kamra' JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Dinesh Kumar 2025.04.07 15:10 I attest to the accuracy and integrity of this document