Amolak Singh Since Deceased Through His Lrs v. Union Of India And Others

C. R. No. 1127 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No. 108 Case No. : C. R. No. 1127 of 2019 (O&M) Date of Decision : February 28, 2019 Amolak Singh (since deceased) through his legal heirs ....

Petitioners vs.

Union of India and others ....

Respondents CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL.

* * * Present :

Mr. Kanwar Pahul Singh, Advocate for the petitioners.

* * * DEEPAK SIBAL , J.

(Oral) :

The present petition is directed against the order dated 29.08.2018 passed by the Additional District Judge, Amritsar (for short - the Executing Court) dismissing the execution application filed by the petitioners on the ground that despite numerous opportunities granted to them, no details with regard to payments due from the respondents have been furnished by them.

Learned counsel for the petitioners submits that the details of payment due from the respondents are ready with the petitioners and if one opportunity, subject to assessment of reasonable costs, is granted to the petitioners, they shall file the same before the Executing Court. A perusal of the record reveals that the petitioners are seeking MONIKA 2019.03.01 14:56 I attest to the accuracy and integrity of this document execution of award dated 31.07.1987 which was passed under the Land

C. R. No. 1127 of 2019 (O&M) Acquisition Act, 1894 on account of acquisition of the land of Amolak Singh, who was their predecessor-in-interest. It is the case of the petitioners that certain amounts are still due from the respondents and if they are granted one opportunity, they shall supply all such details to the Executing Court. Keeping in view the fact that the petitioners are seeking compensation on account of acquisition of land of Amolak Singh, who was their predecessor-in-interest and have been waiting for a long time to get the award dated 31.07.1987 executed, subject to payment of Rs.10,000/- as costs to be deposited with the Army Welfare Fund Battle Casualties, Account No.90552010165915, Syndicate Bank, South Block Branch, New Delhi (IFSC Code: SYNB0009055), the impugned order is set aside and the petitioners are granted one and only one opportunity to give all details including documents and orders with regard to payments which according to them are still due from the respondents.

The present petition is allowed in the above terms. If the respondents are aggrieved by passing of the present order, they are at liberty to approach this Court by filing of an appropriate application.

( DEEPAK SIBAL ) JUDGE February 28, 2019 monika Whether speaking/reasoned ?

Yes/No.

Whether reportable ?

Yes/No.

MONIKA 2019.03.01 14:56 I attest to the accuracy and integrity of this document