High Court of Punjab and HaryanaCOCP/175/2017dismissed

Chakar Vani (Deceased) Through His Lr v. Shekhar Dutt And Others

2017-05-11Mrs. Justice Raj Rahul Garg2 pages

Manoj Kumar 2017.05.11 15:47 I attest to the accuracy and integrity of this document COCP No.175 of 2017 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH COCP No.175 of 2017 Date of Order: 11.5.2017 Chakar Vani through his LR ....Petitioner

Versus

Shekhar Dutt and Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Naresh Chander, Advocate for Mr. R.S. Chauhan, Advocate for the petitioner. Mr. Vikas Thakur, Advocate for the respondents. JASWANT SINGH, J (ORAL) By instituting the instant contempt petition under Section 12 of the Contempt of Courts Act, 1971, the petitioner-son (LR) of one of the Ex-land owners, whose land falling in Tehsil Pathankot, District Gurdaspur was sought to be acquired by the State Government, has alleged disobedience of order dated 19.7.2006 (P.1) passed by this Court observing as under: "In view of the above, impugned award regarding redetermination of the compensation payable to the owners/their successor-in-interest is set aside and the matter is remanded back to the Special Land Acquisition Collector, Amritsar to consider the matter afresh by keeping in view the judgment of the High Court in RFA No.973 of 1988. It is clarified that during the pendency of application under Section 28-A(1), amount if any, disbursed to respondent No.2 earlier will not be recovered."

COCP No.175 of 2017 #2# It is alleged that despite the representation dated 28.10.2010 (P.6) being submitted by the petitioner for considering his matter afresh in compliance of directions aforesaid, no amount qua compensation has been released.

Upon notice, reply by way of affidavit dated 09.5.2017 of Ramandeep Singh, Defence Estates Officer, Pathankot Circle Pathankot has been filed stating that in compliance of the directions of this Court, approval for release of payment qua payable amount as per award dated 21.08.2009 passed by the Collector including solatium and interest on enhancement of compensation has been accorded by the competent Authority vide letter dated 21.4.2017 (R.1) issued by the Principal Director, Defence Estates, Western Command, Chandigarh. Learned counsel for the respondents undertakes that the entire amount due to the petitioner shall be released within a period of six weeks from today.

In view of the aforesaid statement made at bar by learned counsel for the respondent, learned counsel for the petitioner does not press this petition any further. Dismissed as not pressed. Rule is discharged. Respondents shall be bound by their aforesaid stand. May 11, 2017 (JASWANT SINGH) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No