Reshmi Devi & ANR v. Sanjay Bishnoi

In the High Court of Punjab and Haryana, at Chandigarh C.O.C.P. No. 3976 of 2018 Date of Decision: 27.07.2022 Reshmi Devi and Another ... Petitioner(s)

Versus

Sanjay Bishnoi ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Amit Jain, Senior Advocate with Mr. Varun Parkash, Advocate for the petitioner(s).

Mr. Jaspal Singh Pannu, Assistant Advocate General, Haryana, for the respondent.

Anil Kshetarpal, J.

1.

Complaining wilful violation of the directions of the Court in Civil Writ Petition No. 16955 of 2017, decided on 02.08.2017, the petitioners have invoked the jurisdiction of this Court under Section 10 and 12 of the Contempt of Courts Act, 1971. The operative part of the order dated 02.08.2017 reads as under:- "That being so, and without expressing any opinion on merits, the petition is disposed of, at this stage, with a direction to respondent No.2 to consider and decide the claim of the petitioners or their representations (Annexure P14 Colly.) strictly in accordance with law. Petitioners shall be afforded an opportunity of hearing and appropriate orders shall be passed within four weeks from the receipt of certified copy of this DEEPAK KUMAR BHARDWAJ 2022.08.02 12:55 I attest to the accuracy and integrity of this document

C.O.C.P. No. 3976 of 2018 order. Respondent No.2 shall pass a comprehensive order and shall assign reasons in support thereof. Needless to assert, in the event, the petitioners are held entitled to receive any compensation in terms of the award (Annexure P5), the same shall be accordingly disbursed".

2.

The learned senior counsel representing the petitioners admits that the market value along with the amount of solatium and additional amount has been paid. However, he submits that the statutory interest in accordance with Section 34 of the Land Acquisition Act, 1894 has not been released.

3.

Keeping in view the aforesaid facts, the present petition is disposed of with liberty to the petitioners to file a representation before the Land Acquisition Collector claiming the statutory interest, which shall be decided by passing a speaking order within a period of one month from the date of its receipt.

(Anil Kshetarpal) Judge July 27, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2022.08.02 12:55 I attest to the accuracy and integrity of this document