CWP No.24818 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 143 PHOOL KUWAR AND ORS PHOOL KUWAR AND ORS PHOOL KUWAR AND ORS PHOOL KUWAR AND ORS Vs Vs Vs Vs STATE OF HARYANA AND STATE OF HARYANA AND STATE OF HARYANA AND STATE OF HARYANA AND CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH 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 (Annexure P Urban Estate Department, Rohtak whereby refund the excess amount paid to of amount of compensation against acquisition of their l [2]. Learned counsel for the petitioner served upon the petitioners counsel further submits that even no reasoning has been given in the order assessing recovery of Rs. were liable to be set aside. [3]. On the other hand, learned State counsel submits that issued to the petitioners before effecting recovery of the excess amount, thus 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.248 CWP No.248 CWP No.248 CWP No.248 Date of Decision Date of Decision Date of Decision Date of Decision PHOOL KUWAR AND ORS PHOOL KUWAR AND ORS PHOOL KUWAR AND ORS PHOOL KUWAR AND ORS ...... ...... ...... ...... STATE OF HARYANA AND STATE OF HARYANA AND STATE OF HARYANA AND STATE OF HARYANA AND ANR. ANR. ANR. ANR. ....Respondent ....Respondent ....Respondent ....Respondent HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH 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 (Annexure P-3 to P-5) passed by the Urban Estate Department, Rohtak whereby the refund the excess amount paid to them towards interest while making disburs of amount of compensation against acquisition of their l Learned counsel for the petitioner served upon the petitioners before passing of the counsel further submits that even no reasoning has been given in the order very of Rs.8,05,893/- against the petitioners liable to be set aside. On the other hand, learned State counsel submits that issued to the petitioners before effecting recovery of the excess amount, thus 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.248 CWP No.248 CWP No.248 CWP No.24811118888 of 2023 (O&M) of 2023 (O&M) of 2023 (O&M) 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 HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH MANUJ MANUJ MANUJ 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 petitioners were called upon to towards interest while making disbursement of amount of compensation against acquisition of their land. Learned counsel for the petitioners submits that no notice was ever the orders dated 02.06.2023. Learned counsel further submits that even no reasoning has been given in the orders petitioners and, thus the said order On the other hand, learned State counsel submits that the notices were issued to the petitioners before effecting recovery of the excess amount, thus I have heard learned counsel for the parties and perused the paper 1 dated Land Acquisition Collector, called upon to ement submits that no notice was ever dated 02.06.2023. Learned for said orders notices were the and perused the paper MOHMED ATIK 2025.08.28 10:10 I attest to the accuracy and authenticity of this order/judgment CWP No.24818 of 2023 [5]. Main grievance of the petitioners is 02.06.2023 (Annexures P extracted hereunder: vide award no.2 dated 6.4.2025 has been acquired and regarding this acquired land compensation of Rs. 26.08.2011 Department, Haryana, Panchkula vide sr. no.5 interest was to be paid upto 5.07.2010. So, excess amount of Rs. has been paid to you. Excess amount w possible in this office.” [6]. Perusal of the aforesaid shows that details with respect to not been mentioned in the impugn as it may, even the petitioners have not been afforded before passing of the order of recovery Collector, Urban Estate Department, Rohtak. [7]. In view of above, the present petition is allowed. Impugned order dated 02.06.2023 are hereby set aside However, the responde proceed against the petitioners and thereafter passing a speaking order. [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-5). Relevant contents extracted hereunder:- “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.41, 26.08.2011 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. has been paid to you. Excess amount w possible in this office.” Perusal of the aforesaid shows that details with respect to the taking over of the possession of the land in question has not been mentioned in the impugned orders/notices as it may, even the petitioners have not been afforded before passing of the order 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 dated 02.06.2023 (Annexures P-3 to P-5) passed by the Land Acquisition Collector hereby set aside being passed in violation of principles of natural j However, the respondent/Land Acquisition Collector would be at liberty to proceed against the petitioners afresh by affording them an opportunity of hearing 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 notice dated contents from one of such notices is Regarding the above subject, your land, Sector 27, Kheri Saadh vide award no.2 dated 6.4.2025 has been acquired and regarding this ,32,740/- vide check no.292885 dated has been paid to you by this department. Director, Urban estate Department, Haryana, Panchkula vide sr. no.5-10/7632 dt. 15.09.2010, interest was to be paid upto 5.07.2010. So, excess amount of Rs.8,05,893 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 (Annexures P-3 to P-5). Be that as it may, even the petitioners have not been afforded any opportunity of hearing 02.06.2023 by the Land Acquisition 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 nt/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 qua the recovery notice dated m one of such notices is Regarding the above subject, your land, Sector 27, Kheri Saadh vide award no.2 dated 6.4.2025 has been acquired and regarding this dated has been paid to you by this department. Director, Urban estate 10/7632 dt. 15.09.2010, 8,05,893/- ith interest be deposited as early as the basic and fundamental the possession of the land in question has ). Be that opportunity of hearing 02.06.2023 by the Land Acquisition In view of above, the present petition is allowed. Impugned orders passed by the Land Acquisition Collector tice. nt/Land Acquisition Collector would be at liberty to by affording them an opportunity of hearing MOHMED ATIK 2025.08.28 10:10 I attest to the accuracy and authenticity of this order/judgment