Extracted from the PDF above. The PDF is authoritative.
CR No.5669 of 2025
IN THE HIGH COURT OF PUNJAB AND HARYANA 149
ARUN KUMAR Vs STATE OF HARYANA AND OTHERS
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
Present: Mr.
for the petitioner
HARKESH MANUJA, J. (Oral) [1].
By way of present revision
order dated 19.05.2025 passed by the learned Additional District Judge, Kaithal cum-Executing Court whereby the execution preferred landowner while claiming himself to be co were granted benefit of enhanced compensation in terms of Award dated 01.10.1997 passed by the Reference Court [2].
I have heard learned counsel for the petitioner and gone through the paper book. [3].
Perusal of record shows that the execution filed at the instance of petitioner/landowner for the reason that he was neither a party/claimant arrayed in the reference petition filed under Section 18 of the Land Acquisit 01.10.1997 nor there the said Act, thus the execution (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.5669 of 2025 (O&M)
Date of Decision:
ARUN KUMAR
......
STATE OF HARYANA AND OTHERS ....Respondent HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Sandeep Goyal, Advocate for the petitioner.
**** HARKESH MANUJA, J. (Oral) By way of present revision petition,
order dated 19.05.2025 passed by the learned Additional District Judge, Kaithal Executing Court whereby the execution preferred landowner while claiming himself to be co-sharer with the lando were granted benefit of enhanced compensation in terms of Award dated passed by the Reference Court, came to be declined. I have heard learned counsel for the petitioner and gone through the Perusal of record shows that the learned Executing Court dismissed the execution filed at the instance of petitioner/landowner for the reason that he was neither a party/claimant arrayed in the reference petition filed under Section 18 of the Land Acquisition Act, 1894 resulted into passing of Award dated 01.10.1997 nor there was any Award passed in his favour , thus the execution filed at his instance was not maintainable.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5669 of 2025 (O&M) Date of Decision:22.08.2025 ......Petitioner ....Respondents HON'BLE MR. JUSTICE HARKESH MANUJA petition, challenge has been laid to an
order dated 19.05.2025 passed by the learned Additional District Judge, Kaithal Executing Court whereby the execution preferred at the instance of petitioner sharer with the landowners those, who were granted benefit of enhanced compensation in terms of Award dated came to be declined. I have heard learned counsel for the petitioner and gone through the learned Executing Court dismissed the execution filed at the instance of petitioner/landowner for the reason that he was neither a party/claimant arrayed in the reference petition filed under Section ion Act, 1894 resulted into passing of Award dated any Award passed in his favour under Section 28-A of at his instance was not maintainable. 1 challenge has been laid to an
order dated 19.05.2025 passed by the learned Additional District Judge, Kaithal- at the instance of petitioner- wners those, who were granted benefit of enhanced compensation in terms of Award dated I have heard learned counsel for the petitioner and gone through the learned Executing Court dismissed the execution filed at the instance of petitioner/landowner for the reason that he was neither a party/claimant arrayed in the reference petition filed under Section ion Act, 1894 resulted into passing of Award dated A of MOHMED ATIK 2025.08.25 16:29 I attest to the accuracy and authenticity of this
order/judgment
CR No.5669 of 2025
[4]. Without going into joint khewat along with landowners those who assailed the original award dated 26.02.1992 passed by the Land Acquisition Collector dated 01.10.1997 was passed there being any Award under Section same having been barred by limitation cannot be entertained, therefore, present revision [5].
Pending application(s), if any shall also stand disposed of.
August 22, 2025 Atik Whether speaking/reasoned Whether reportable (O&M)
Without going into the aspect that the pet joint khewat along with landowners those who assailed the original award dated 26.02.1992 passed by the Land Acquisition Collector dated 01.10.1997 was passed in their favour, based upon there being any Award under Sections 18 or 28 same having been preferred by the petitioner only on 01.02.2024, imitation cannot be entertained, therefore, present revision and consequently, the same is dismissed Pending application(s), if any shall also stand disposed of.
5
Whether speaking/reasoned Yes/No Whether reportable
Yes/No
aspect that the petitioner being co-sharer of the joint khewat along with landowners those who assailed the original award dated 26.02.1992 passed by the Land Acquisition Collector and upon reference an Award based upon filed execution without 18 or 28-A of the Act in his favour, only on 01.02.2024, as such being imitation cannot be entertained, therefore, no merit can be found in the dismissed. Pending application(s), if any shall also stand disposed of.
(HARKESH MANUJA)
JUDGE Yes/No Yes/No 2 sharer of the joint khewat along with landowners those who assailed the original award dated Award filed execution without the being nd in the MOHMED ATIK 2025.08.25 16:29 I attest to the accuracy and authenticity of this
order/judgment