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2025 DAILYLAW 80032 (PNJ)

GURMUKH SINGH v. STATE OF PUNJAB AND ANOTHER

CR/4460/2025 · 2025-09-11

Harkesh Manuja

body2025

Judgment text

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369 IN THE HIGH COURT OF PUNJAB AND HARYANA AT GURMUKH SINGH STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. Athar Ahmed, D HARKESH MANUJA By way of present petition filed under Article 227 of the Constitution of India, prayer has been made for setting aside the orders dated 06.10.2023 (Annexures P Collector, Urban Development Department, Punjab, SAS Nagar (Mohali). 2. Despite notice, no reply has been filed on behalf of respondents-State. 3. I have heard learned counsel for the parties and gone through the paper 4. Short point in the present Civil Revision is about challenge to the orders (Annexure P by petitioner-landowner h Collector, Urban Development, Punjab, SAS Nagar (Mohali) No.1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: GURMUKH SINGH Versus STATE OF PUNJAB AND ANOTHER HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Nitish Kaushal, Advocate for the Mr. Athar Ahmed, DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Article 227 of the of India, prayer has been made for setting aside the orders dated 06.10.2023 (Annexures P-6) passed by Land Acquisition Collector, Urban Development Department, Punjab, SAS Nagar Despite notice, no reply has been filed on behalf of State. I have heard learned counsel for the parties and gone through the paper-book. Short point in the present Civil Revision is about challenge to the orders (Annexure P-6) whereby, the reference petitions preferred landowner have been rejected by the Land Acquisition Collector, Urban Development, Punjab, SAS Nagar (Mohali) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-4460-2025 Date of Decision: September 11, 2025 ........Petitioner ........Respondents HARKESH MANUJA Advocate for the petitioner. AG, Punjab. By way of present petition filed under Article 227 of the of India, prayer has been made for setting aside the orders 6) passed by Land Acquisition Collector, Urban Development Department, Punjab, SAS Nagar Despite notice, no reply has been filed on behalf of I have heard learned counsel for the parties and gone Short point in the present Civil Revision is about challenge 6) whereby, the reference petitions preferred ave been rejected by the Land Acquisition Collector, Urban Development, Punjab, SAS Nagar (Mohali)-respondent 2025 , 2025 By way of present petition filed under Article 227 of the of India, prayer has been made for setting aside the orders 6) passed by Land Acquisition Collector, Urban Development Department, Punjab, SAS Nagar Despite notice, no reply has been filed on behalf of I have heard learned counsel for the parties and gone Short point in the present Civil Revision is about challenge 6) whereby, the reference petitions preferred ave been rejected by the Land Acquisition respondent TEJWINDER SINGH 2025.09.16 23:00 I agree to specified portions of this document CR-4460-2025 -2- 5. Having perused the orders passed by respondent No.1, it is apparent that the Land Acquisition Collector, Urban Development, Punjab has evidently taken upon itself to adjudicate upon the merits of the issue regarding the title or entitlement of the petitioners-landowners which is wholly impermissible. In case any adjudication is required upon the rights and entitlement of the petitioner towards enhancement of compensation against the acquired land, the same needs to be referred to learned Reference Court by forwarding the reference preferred at the instance of landowners. 6. In view of the above, the impugned order dated 06.10.2023 (Annexure P-6) passed by respondent No.1 is hereby quashed and respondent No.1 is directed to forward the reference petition (Annexure P-5) to the learned Reference Court of competent jurisdiction. Considering the fact that the award under Section 11 of Land Acquisition Act, 1894 was passed in the present case on 13.12.2011 and as such, period of almost 14 years has expired, respondent No.1- LAC is directed to forward the reference dated 19.10.2021 (Annexure P-5) within 4 weeks from today and in case the needful is not done within aforesaid period, the landowners shall be entitled for cost of Rs.50,000/- for the delayed period. 7. Accordingly, the present petition stands disposed of. 11.09.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.09.16 23:00 I agree to specified portions of this document