Improvement Trust vs Swaran Singh on 13 February, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH

                                         C.R. No. 160 of 2008 (O&M)
                                         Date of Decision: 13.2.2009

Improvement Trust, Khanna and another
                                                    ....Petitioners

               Versus

Swaran Singh, LR of Sucha Singh
                                                     ...Respondent

CORAM : Hon’ble Mr. Justice Rajesh Bindal

Present:- Mr. R.S. Cheema, Advocate
for the petitioners.

Mr. Jaswinder Singh Arora, Advocate
for the respondent.

RAJESH BINDAL J
Learned counsel for the parties are agreed that a similar issue has
been considered by this Court in C.R. No. 82 of 2008 titled as Improvement
Trust, Khanna Vs. Suraj Parkash and another, wherein vide order dated March
18, 2008, the impugned order challenged therein was set aside and learned
Executing Court was directed to redetermine entitlement of the respondent-
landowners in accordance with law in respect of claim i.e. (i) payment of the
principal amount (ii) solatium and (iii) interest on solatium, separately and then to
determine as to whether or not the award passed by the Tribunal has been fully
satisfied. The needful was required to be done as early as possible preferably
within two months.

Learned counsel for the petitioner further submits that he has
already deposited the amount of Rs. 3,13,000/- in terms of order of this Court
dated January 11, 2008.

In view of the fair stand of learned counsel for the parties, the
impugned order dated 12.11.2007 passed by the learned Executing Court is set
aside and the matter is remitted back for fresh consideration in the light of the
order passed by this Court in Improvement Trust Khanna’s case (supra).

                                                  (RAJESH BINDAL)
13.2.2009                                               JUDGE
Reema