IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.W.P. No. 17901 of 2009
DATE OF DECISION : 23.11.2009
Dharam Singh and others
.... PETITIONERS
Versus
State of Haryana and another
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR
Present: Mr. Shiv Kumar, Advocate, for the petitioners.
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SATISH KUMAR MITTAL , J.
The petitioners have filed the instant petition for issuing
direction to the District Revenue Officer -cum- Land Acquisition College,
Faridabad (respondent No.2 herein) to release the amount of compensation
to the petitioners, which according to them has been withheld without any
justification and reason.
It is the case of the petitioners that vide notification dated
31.7.2006 issued under Section 4 of the Land Acquisition Act, 1894, 38
kanals 9 marlas of land of the petitioners along with the land of other land
owners was acquired for a public purpose. It is further the case of the
petitioners that with regard to the said acquisition, the Award was also
pronounced by Land Acquisition Collector on 29.7.2008. The land of the
petitioners is also appearing in the Award, but in spite of that, the
CWP No. 17901 of 2009 -2-
compensation has not been released to them on the pretext that one Shiv
Dayal has filed a civil suit for declaration. It is the further case of the
petitioners that after the acquisition, the civil suit was not maintainable at
all. Even in that suit, the Land Acquisition Collector is not a party and there
is no injunction against him. In spite of that, the Land Acquisition Collector
has not released the compensation amount to them. In this regard, the
petitioners have served a legal notice dated 12.8.2009 upon the Land
Acquisition Collector, copy of which has been annexed as Annexure P-8. It
is the case of the petitioners that till date, neither any decision has been
taken on the legal notice nor the compensation has been paid to them. In
view of this, counsel states that at this stage, the petitioners will be satisfied
if a direction is issued to respondent No.2 to consider and decide the said
legal notice in accordance with law within a reasonable time and to release
the compensation to the petitioners, if they are found entitled for the same.
In view of the above, without issuing notice of motion as it will
un-necessary delay the matter, this petition is disposed of with a direction to
respondent No.2 to consider and decide the legal notice dated 12.8.2009
(Annexure P-8) in accordance with law, by passing a speaking order, within
a period of three months from the date of receipt of a certified copy of this
order.
( SATISH KUMAR MITTAL )
JUDGE
November 23, 2009 ( MEHINDER SINGH SULLAR )
ndj JUDGE