CR No.2427 of 2026 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 217-U LAKHMI CHAND (DECEASED) TH. HIS LRS LAKHMI CHAND (DECEASED) TH. HIS LRS LAKHMI CHAND (DECEASED) TH. HIS LRS LAKHMI CHAND (DECEASED) TH. HIS LRS Vs Vs Vs Vs STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. CORAM: CORAM: CORAM: CORAM: HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. Present: Mr. G.C. Shahpuri, Advocate with Mr. Lokesh Shivansh, Advocate for the petitioner Mr. Abhinav Kalia, D.A.G., Haryana. Mr. Parminder Mr. for respondent No.3. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. By way of present revision petition, challenge has been laid to an order dated 03.07.2023 Gurugram-cum- instance of the petitioner payment of compensation award/judgment [[[[2222]]]] I have heard paper-book. [[[[3333]]]] A perusal of the order shows that the execution petition preferred at the instance of petitioner they did not choose to prefer an Acquisition Act, 1894 (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 CR No. CR No. CR No. CR No.2427 2427 2427 2427 Date of Decision: Date of Decision: Date of Decision: Date of Decision: LAKHMI CHAND (DECEASED) TH. HIS LRS LAKHMI CHAND (DECEASED) TH. HIS LRS LAKHMI CHAND (DECEASED) TH. HIS LRS LAKHMI CHAND (DECEASED) TH. HIS LRS STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ Mr. G.C. Shahpuri, Advocate with Mr. Lokesh Shivansh, Advocate for the petitioner(s). Mr. Abhinav Kalia, D.A.G., Haryana. Mr. Parminder Sandhu, Advocate for Mr. H.S. Gill, Advocate for respondent No.3. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) By way of present revision petition, challenge has been laid to an 03.07.2023 passed by the Court of learned Additional District Judge, -Executing Court, whereby the execution petition preferre petitioner(s), seeking directions to the respondents for making the payment of compensation for the acquired land in the same terms award/judgment rendered in the matter of other co I have heard learned counsel for the parties and gone through the A perusal of the order shows that the execution petition preferred at the instance of petitioner(s)-landowner(s) was dismissed merely on the ground that did not choose to prefer any objection under Section 18 or 28 Acquisition Act, 1894 (for short “the Act”) (for short “the Act”) (for short “the Act”) (for short “the Act”), yet filed an execution application 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 2427 2427 2427 2427 of 202 of 202 of 202 of 2026666 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision:20.04 20.04 20.04 20.04.202 .202 .202 .2026666 ...... ...... ...... ......Petitioner Petitioner Petitioner Petitioner(s) (s) (s) (s) ....Respondent ....Respondent ....Respondent ....Respondentssss JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJ JUSTICE HARKESH MANUJAAAA Mr. Abhinav Kalia, D.A.G., Haryana. , Advocate for By way of present revision petition, challenge has been laid to an passed by the Court of learned Additional District Judge, Executing Court, whereby the execution petition preferred at the , seeking directions to the respondents for making the the acquired land in the same terms as the in the matter of other co-sharers, was dismissed. learned counsel for the parties and gone through the A perusal of the order shows that the execution petition preferred at was dismissed merely on the ground that y objection under Section 18 or 28-A of the Land , yet filed an execution application 1 By way of present revision petition, challenge has been laid to an passed by the Court of learned Additional District Judge, at the , seeking directions to the respondents for making the as the learned counsel for the parties and gone through the A perusal of the order shows that the execution petition preferred at was dismissed merely on the ground that A of the Land , yet filed an execution application MOHMED ATIK 2026.04.21 14:58 I attest to the accuracy and authenticity of this order/judgment CR No.2427 of 2026 based on an award/determination made in favour of their co land. [[[[4444]]]] The aforesaid legal issue already stands decided by the Hon’ble Apex Court vide decision dated 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Ors” Ors” Ors” Ors”, wherein the Hon’ble Apex Court has been pleased to uphold the claims made by the co-sharers with regard to entitlement of similar amount of compensation as granted in favour of their co award of interest. Relevant paras 11 to 14 from the aforesaid decision dated 13.01.2026 are extracted hereunder: “11. appearing for the appellants, which is no learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the Rules to certain extent, which is an instrumentality of the State. Thus, the scales have to be balanced in this scenario. 12. the appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would also hasten to add that the consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or modified jurisdiction. 13. expeditiously and at any rate within an outer limit of three months from (O&M) based on an award/determination made in favour of their co The aforesaid legal issue already stands decided by the Hon’ble Apex Court vide decision dated 13.01.2026 13.01.2026 13.01.2026 13.01.2026 passed in 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532 2026 (@SLP (C) No(S).4532----4539 of 2023) 4539 of 2023) 4539 of 2023) 4539 of 2023), titled Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastr Haryana State Industrial And Infrastructure Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & , wherein the Hon’ble Apex Court has been pleased to uphold the claims made sharers with regard to entitlement of similar amount of compensation as granted in favour of their co-owners in the acquired award of interest. Relevant paras 11 to 14 from the aforesaid decision dated 13.01.2026 are extracted hereunder:- “11. In fact, we have been informed at the Bar by the learned counsel appearing for the appellants, which is no learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the Rules then prevalent. In other words, the acquiring body is also benefited to certain extent, which is an instrumentality of the State. Thus, the scales have to be balanced in this scenario. 12. We are of the considered view that apart from the compensation, he appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would also hasten to add that the appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or modified by the High Court or this Court in exercise of appellate jurisdiction. 13. The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from based on an award/determination made in favour of their co-sharers in the acquired The aforesaid legal issue already stands decided by the Hon’ble Apex passed in Civil Appeal No(s).391 Civil Appeal No(s).391 Civil Appeal No(s).391 Civil Appeal No(s).391 ---- 398 of 398 of 398 of 398 of 4539 of 2023) 4539 of 2023) 4539 of 2023) 4539 of 2023), titled “Ramphal & Ors “Ramphal & Ors “Ramphal & Ors “Ramphal & Ors. Versus . Versus . Versus . Versus ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & , wherein the Hon’ble Apex Court has been pleased to uphold the claims made sharers with regard to entitlement of similar amount of compensation as owners in the acquired land, however, restricted the award of interest. Relevant paras 11 to 14 from the aforesaid decision dated In fact, we have been informed at the Bar by the learned counsel appearing for the appellants, which is not seriously disputed by the learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the then prevalent. In other words, the acquiring body is also benefited to certain extent, which is an instrumentality of the State. Thus, the scales We are of the considered view that apart from the compensation, he appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or by the High Court or this Court in exercise of appellate The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from 2 sharers in the acquired The aforesaid legal issue already stands decided by the Hon’ble Apex 398 of 398 of 398 of 398 of . Versus . Versus . Versus . Versus ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & ucture Development Corporation Limited & , wherein the Hon’ble Apex Court has been pleased to uphold the claims made sharers with regard to entitlement of similar amount of compensation as land, however, restricted the award of interest. Relevant paras 11 to 14 from the aforesaid decision dated In fact, we have been informed at the Bar by the learned counsel t seriously disputed by the learned senior counsel appearing for the respondents, the fact that the land which was acquired, has been utilized for the purposes of formation of industrial sites and allotted to the needy persons in accordance with the then prevalent. In other words, the acquiring body is also benefited to certain extent, which is an instrumentality of the State. Thus, the scales We are of the considered view that apart from the compensation, he appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other period. We would appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act and/or by the High Court or this Court in exercise of appellate The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from MOHMED ATIK 2026.04.21 14:58 I attest to the accuracy and authenticity of this order/judgment CR No.2427 of 2026 the date of this order and the amounts so determin within an outer limit of three months for such determination with interest as specified therein. 14. adhered to by the respondent(s) authorities, they shall be liab interest @ nine per cent (9%) on the amounts so determined from the date of such determination.” [[[[5555]]]] In view of the aforesaid decision rendered by the Hon’ble Apex Court, the present petition is remitted back to the learned Executing Court concerned for fresh adjudicati in case the petitioner alongwith those who preferred referenc necessary amount as determined finally alongwith statutory benefits and interest thereupon be released in Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) [[[[6666]]]] Needless to say that thereof in favour of the petitioner Hon’ble Apex Court in [[[[7777]]]] Pending miscellaneous application(s), if any, shall also stand disposed off. April April April April 20 20 20 20, 202 , 202 , 202 , 2026666 Atik Whether speaking/reasoned Whether reportable (O&M) the date of this order and the amounts so determin within an outer limit of three months for such determination with interest as specified therein. 14. In the event of time line which has been fixed by this Court is not adhered to by the respondent(s) authorities, they shall be liab interest @ nine per cent (9%) on the amounts so determined from the date of such determination.” In view of the aforesaid decision rendered by the Hon’ble Apex Court, the present petition is allowed allowed allowed allowed and the impugned order is set aside. The matter is remitted back to the learned Executing Court concerned for fresh adjudicati in case the petitioner(s) is/are found to be co-sharer alongwith those who preferred reference under Section 18 or 28 necessary amount as determined finally alongwith statutory benefits and interest thereupon be released in his/their favour within the time period stipulated in Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra). Needless to say that the determination of compensation and release eof in favour of the petitioner(s) be made in terms of decision rendered by the Court in Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra) Ramphal’s case (supra). Pending miscellaneous application(s), if any, shall also stand disposed Whether speaking/reasoned Yes/No Whether reportable Yes/No the date of this order and the amounts so determined shall be disbursed within an outer limit of three months for such determination with interest In the event of time line which has been fixed by this Court is not adhered to by the respondent(s) authorities, they shall be liable to pay interest @ nine per cent (9%) on the amounts so determined from the date In view of the aforesaid decision rendered by the Hon’ble Apex Court, and the impugned order is set aside. The matter is remitted back to the learned Executing Court concerned for fresh adjudication and sharer in the acquired land parcels e under Section 18 or 28-A of the Act, the necessary amount as determined finally alongwith statutory benefits and interest favour within the time period stipulated in the determination of compensation and release be made in terms of decision rendered by the . Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 ed shall be disbursed within an outer limit of three months for such determination with interest In the event of time line which has been fixed by this Court is not le to pay interest @ nine per cent (9%) on the amounts so determined from the date In view of the aforesaid decision rendered by the Hon’ble Apex Court, and the impugned order is set aside. The matter is on and in the acquired land parcels A of the Act, the necessary amount as determined finally alongwith statutory benefits and interest favour within the time period stipulated in the determination of compensation and release be made in terms of decision rendered by the Pending miscellaneous application(s), if any, shall also stand disposed MOHMED ATIK 2026.04.21 14:58 I attest to the accuracy and authenticity of this order/judgment