CWP No.24808 of 2023 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 141 KAPOOR SINGH AND OTHERS KAPOOR SINGH AND OTHERS KAPOOR SINGH AND OTHERS KAPOOR SINGH AND OTHERS Vs Vs Vs Vs STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE Present: Mr. Ms. Komal Sharma, D.A.G., Haryana. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. By way of present petition, challenge has been laid to 02.06.2023 (Annexures P Urban Estate Department, Rohtak whereby predecessor-in-interest of petitioner Nos.4 to 7 excess amount paid to of compensation against acquisition of their land. [2]. Learned counsel for the petitioner served upon petitioner Nos.1 to 3 to 7, before passing of that even no reasoning has been given in the order Rs.3,06,468/- against the aside. [3]. On the other hand, learned State counsel submits that issued to the petitioners before effecting recovery of the excess amount, thus the writ petition was liable to be dismissed. [4]. I have heard learned counsel for the book. 2023 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CWP No.24808 of 2023 (O&M) CWP No.24808 of 2023 (O&M) CWP No.24808 of 2023 (O&M) CWP No.24808 of 2023 (O&M) Date of Decision Date of Decision Date of Decision Date of Decision KAPOOR SINGH AND OTHERS KAPOOR SINGH AND OTHERS KAPOOR SINGH AND OTHERS KAPOOR SINGH AND OTHERS ...... ...... ...... ...... STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER ....Respondent ....Respondent ....Respondent ....Respondent HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HON'BLE MR. JUSTICE HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ Mr. N.K. Malhotra, Advocate for the petitioners. Ms. Komal Sharma, D.A.G., Haryana. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) By way of present petition, challenge has been laid to (Annexures P-3 to P-6) passed by the Urban Estate Department, Rohtak whereby the petitioner Nos.1 to 3 and interest of petitioner Nos.4 to 7 excess amount paid to them towards interest while making disburs of compensation against acquisition of their land. Learned counsel for the petitioner served upon petitioner Nos.1 to 3 or the predecessor 7, before passing of the order dated 02.06.2023. Learned counsel further submits that even no reasoning has been given in the order against the petitioners and, thus the On the other hand, learned State counsel submits that issued to the petitioners before effecting recovery of the excess amount, thus the writ petition was liable to be dismissed. I have heard learned counsel for the IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CWP No.24808 of 2023 (O&M) CWP No.24808 of 2023 (O&M) CWP No.24808 of 2023 (O&M) CWP No.24808 of 2023 (O&M) Date of Decision Date of Decision Date of Decision Date of Decision: 26 : 26 : 26 : 26....00008888.202 .202 .202 .2025555 ...... ...... ...... ......Petitioner Petitioner Petitioner Petitionerssss ....Respondent ....Respondent ....Respondent ....Respondentssss HARKESH MANUJ HARKESH MANUJ HARKESH MANUJ HARKESH MANUJAAAA for the petitioners. Ms. Komal Sharma, D.A.G., Haryana. By way of present petition, challenge has been laid to the orders dated passed by the Land Acquisition Collector, the petitioner Nos.1 to 3 and interest of petitioner Nos.4 to 7 were called upon to refund the nterest while making disbursement of amount of compensation against acquisition of their land. Learned counsel for the petitioners submits that no notice was ever predecessor-in-interest of petitioner Nos.4 order dated 02.06.2023. Learned counsel further submits that even no reasoning has been given in the orders for assessing recovery of the said orders were liable to be set On the other hand, learned State counsel submits that the notices were issued to the petitioners before effecting recovery of the excess amount, thus the I have heard learned counsel for the parties and perused the paper 1 dated Land Acquisition Collector, the called upon to refund the ement of amount ever interest of petitioner Nos.4 order dated 02.06.2023. Learned counsel further submits for assessing recovery of liable to be set notices were issued to the petitioners before effecting recovery of the excess amount, thus the perused the paper MOHMED ATIK 2025.08.28 10:10 I attest to the accuracy and authenticity of this order/judgment CWP No.24808 of 2023 [5]. Main grievance of the petitioners is 02.06.2023 (Annexure extracted hereunder: vide award no.2 dated 6.4.2025 has been acquired and regarding this acquired land compensation of Rs.38,24,287/ 26.8.2011 has been paid to you by this department. Director, Urban estate Department, Haryana, Panchkula interest was to be paid upto 5.07.2010. So, excess amount of Rs.3,06,468/ has been paid to you. Excess amount with interest be deposited as early as possible in this office.” [6]. Perusal of the aforesaid shows tha details with respect to not been mentioned in the impugned order petitioners have not been afforded orders of recovery Department, Rohtak. [7]. In view of above, the present petition is allowed. Impugned order dated 02.06.2023 (Annexures P are hereby set aside However, the respondent/Land Acquisition Collector would be at liberty to proceed against the petitioners and thereafter pass [8]. Pending application(s), if any shall also stand disposed of. August August August August 26 26 26 26, 202 , 202 , 202 , 2025555 Atik Whether speaking/reasoned Whether reportable 2023 (O&M) Main grievance of the petitioners is (Annexures P-3 to P-6). Relevant contents extracted hereunder:- “Regarding the above subject, your land, Sector 27, vide award no.2 dated 6.4.2025 has been acquired and regarding this acquired land compensation of Rs.38,24,287/ 26.8.2011 has been paid to you by this department. Director, Urban estate Department, Haryana, Panchkula vide sr. no.5 interest was to be paid upto 5.07.2010. So, excess amount of Rs.3,06,468/ has been paid to you. Excess amount with interest be deposited as early as possible in this office.” Perusal of the aforesaid shows tha details with respect to the taking over of the possession of the land in question has not been mentioned in the impugned orders/notices petitioners have not been afforded any opportunity of of recovery on 02.06.2023 by the Land Acquisition Collector, Urban Estate Department, Rohtak. In view of above, the present petition is allowed. Impugned order 02.06.2023 (Annexures P-3 to P-6) passed by t hereby set aside being passed in violation of principles of natural justice However, the respondent/Land Acquisition Collector would be at liberty to proceed against the petitioners afresh by affording them an opportunity passing a speaking order. Pending application(s), if any shall also stand disposed of. 5555 Whether speaking/reasoned Yes/No Whether reportable Yes/No Main grievance of the petitioners is qua the recovery notices dated contents from one of such notices Regarding the above subject, your land, Sector 27, Kheri Saadh vide award no.2 dated 6.4.2025 has been acquired and regarding this acquired land compensation of Rs.38,24,287/- vide check no.292885 dated 26.8.2011 has been paid to you by this department. Director, Urban estate vide sr. no.5-10/7632 dt. 15.09.2010, interest was to be paid upto 5.07.2010. So, excess amount of Rs.3,06,468/ has been paid to you. Excess amount with interest be deposited as early as Perusal of the aforesaid shows that even the basic and fundamental the possession of the land in question has /notices. Be that as it may, even the opportunity of hearing before passing of the 02.06.2023 by the Land Acquisition Collector, Urban Estate In view of above, the present petition is allowed. Impugned order passed by the Land Acquisition Collector being passed in violation of principles of natural justice However, the respondent/Land Acquisition Collector would be at liberty to by affording them an opportunity of hearing Pending application(s), if any shall also stand disposed of. (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE 2 dated from one of such notices is Kheri Saadh vide award no.2 dated 6.4.2025 has been acquired and regarding this vide check no.292885 dated 26.8.2011 has been paid to you by this department. Director, Urban estate 10/7632 dt. 15.09.2010, interest was to be paid upto 5.07.2010. So, excess amount of Rs.3,06,468/- has been paid to you. Excess amount with interest be deposited as early as the basic and fundamental the possession of the land in question has . Be that as it may, even the hearing before passing of the 02.06.2023 by the Land Acquisition Collector, Urban Estate In view of above, the present petition is allowed. Impugned orders he Land Acquisition Collector being passed in violation of principles of natural justice. However, the respondent/Land Acquisition Collector would be at liberty to of hearing MOHMED ATIK 2025.08.28 10:10 I attest to the accuracy and authenticity of this order/judgment