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2025 DAILYLAW 47634 (PNJ)

RAM LAL SINCE DECEASED THROUGH HIS LRS AND OTHERS v. STATE OF HARYANA AND OTHERS

CR/2477/2025 · 2025-04-28

Harkesh Manuja

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Judgment text

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219 IN THE HIGH COURT OF PUNJAB AND HARYANA RAM LAL SINCE DECEASED THROUGH HIS LRS AND OTHERS STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Vicky Chauhan, HARKESH MANUJA 1. Prayer in the present civil revision petition is for issuance of direction to the learned Executing Court to decide the execution application bearing EXE/ through his LRs and Ors time bound manner period. 2. Admittedly, land measuring revenue estates of villages Kanheli was acquired for the public purpose n Sector 26 Rohtak (residential and institutional sector) awards dated 31.05.2017. 3. Feeling dissatisfied, the No.9298 of 2024 ch the Reference Court which came to be allowed vide judgment dated 16.03.2022 and the compensation was enhanced from Rs.20 lakhs to Rs.42.51 lakhs. bearing No.EXE/26/2024 before learned Addl. District Judge, Rohtak in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: RAM LAL SINCE DECEASED THROUGH HIS LRS AND OTHERS Versus STATE OF HARYANA AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Vicky Chauhan, Advocate for the **** HARKESH MANUJA, J. (ORAL) Prayer in the present civil revision petition is for issuance of direction to the learned Executing Court to decide the execution application bearing EXE/26/2024 titled as “ his LRs and Ors. vs. State of Haryana and Ors. time bound manner period. Admittedly, land measuring 340.26 acres revenue estates of villages Kheri Saad, Pehrawar, Garhi Bohar and was acquired for the public purpose n Sector 26 Rohtak (residential and institutional sector) 21.01.2014, 05.07.2014, 24.02.2015, 15.12.2015 and Feeling dissatisfied, the petitioners No.9298 of 2024 challenging the award dated 05.07.2014 passed by the Reference Court which came to be allowed vide judgment dated and the compensation was enhanced from Rs.20 lakhs to Rs.42.51 lakhs. Thereafter, the petitioners filed execution .EXE/26/2024 before learned Addl. District Judge, Rohtak in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2477-2025 Date of Decision: April 28, 2025 RAM LAL SINCE DECEASED THROUGH HIS LRS AND OTHERS ........Petitioners ........Respondents HARKESH MANUJA Advocate for the petitioners. Prayer in the present civil revision petition is for issuance of direction to the learned Executing Court to decide the execution “Ram Lal since deceased Haryana and Ors.” within a 340.26 acres, situated in the Kheri Saad, Pehrawar, Garhi Bohar and was acquired for the public purpose namely, development of Sector 26 Rohtak (residential and institutional sector), followed by 21.01.2014, 05.07.2014, 24.02.2015, 15.12.2015 and petitioners filed regular first appeal allenging the award dated 05.07.2014 passed by the Reference Court which came to be allowed vide judgment dated and the compensation was enhanced from Rs.20 lakhs to Thereafter, the petitioners filed execution petition .EXE/26/2024 before learned Addl. District Judge, Rohtak in TEJWINDER SINGH 2025.04.30 14:34 I attest to the accuracy and integrity of this document CR-2477-2025 -2- November 2022 seeking execution of the aforesaid judgment, however, the same is being repeatedly adjourned and is now fixed for 16.07.2025. Though, the respondents filed an SLP before the Hon’ble Supreme Court challenging the judgment dated 16.03.2022, however, only notice has been issued therein and no order regarding stay has been passed. 4. Learned counsel for the petitioners submits that the petitioners being aggrieved of the delay have filed the present revision petition for issuance of direction to the Executing Court concerned to decide the execution petition expeditiously, in a time bound manner. 5. I have heard the learned counsel for the petitioners. 6. A perusal of record shows that execution petition (Annexure P-2) filed by the petitioners is still pending and the petitioners are waiting to get their full amount of compensation on the basis of decision dated 16.03.2022 passed by this Court. 7. In Rahul S. Shah Vs. Jinendra Kumar Gandhi and others (2021) 6 SCC 418, the Hon’ble Supreme Court held as follow:- “That the executing Court must dispose of execution proceeding 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 the aforementioned legal position, the Executing Court is requested to dispose of the execution No.EXE/26/2024 as expeditiously as possible, preferably within a period of next 06 months from today, as any further delay may cause serious prejudice to the rights of the petitioners-land owners. TEJWINDER SINGH 2025.04.30 14:34 I attest to the accuracy and integrity of this document CR-2477-2025 -3- 9. It is made clear that nothing stated herein-above shall be construed as an expression of opinion on the merits of the execution proceedings. 10. The present petition is disposed of in aforesaid terms without issuance of any notice to the respondents as it may cause further delay in the proceedings. 11. Pending application, if any, stands disposed of. 28.04.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.04.30 14:34 I attest to the accuracy and integrity of this document