Narender Kumar @ Narender Singh And Others v. State Of Haryana And Others

In the High Court of Punjab and Haryana, at Chandigarh 1.

Civil Writ Petition No. 10859 of 2021 Narender Kumar alias Narender Singh and Others 2.

Civil Writ Petition No. 10861 of 2021 Narender Kumar alias Narender Singh and Others 3.

Civil Writ Petition No. 10867 of 2021 Daleep Singh 4.

Civil Writ Petition No. 10868 of 2021 Ram Singh and Others 5.

Civil Writ Petition No. 10869 of 2021 Sumer Singh alias Sumer Chand Sharma and Others

6.

Civil Writ Petition No. 10872 of 2021 Sunil Kumar Yadav and Others 7.

Civil Writ Petition No. 10875 of 2021 Shanti Devi and Others 8.

Civil Writ Petition No. 10876 of 2021 Satyanarain Singh and Others 9.

Civil Writ Petition No. 10952 of 2021 Sonu and Others 10.

Civil Writ Petition No. 11051 of 2021 Virender Singh and Others

11.

Civil Writ Petition No. 11052 of 2021 Rakesh Kumar and Others 12.

Civil Writ Petition No. 11055 of 2021 Bhoop Singh alias Bhup Singh and Others 13.

Civil Writ Petition No. 11060 of 2021 Ram Rattan and Others 14.

Civil Writ Petition No. 11061 of 2021 Rammehar and Others 15.

Civil Writ Petition No. 11045 of 2021 Krishan Kumar and Others

16.

Civil Writ Petition No. 11048 of 2021 Ram Kishan and Another 17.

Civil Writ Petition No. 11054 of 2021 Satbir Singh 18.

Civil Writ Petition No. 11059 of 2021 Smt. Krishna Devi alias Krishna Yadav and Another AND 19.

Civil Writ Petition No. 11063 of 2021 Suresh Kumar and Others DATE OF DECISION: 29.06.2021 CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Gaurav Aggarwal and Ms. Monisha Aggarwal, Advocates for the petitioner(s).

Anil Kshetarpal, J.

1.

Through this judgment, 19 writ petitions, wherein identical

relief has been sought, shall stand disposed of. 2.

Through these writ petitions, the petitioners pray for issuance of a writ in the nature of Mandamus directing the respondents to pay interest in accordance with the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the 1894 Act") as also as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act"). The petitioners claim that their land was acquired by an award passed on 21.04.2011 by the Land Acquisition Collector, Gurgaon, under Section 11 of the 1894 Act. They further claim that although the possession was taken, however, no compensation was paid. They claim that the compensation has been paid only in the year 2020/2021. 3.

As per the 1894 Act, the Collector performs quasi-judicial functions including the determination of compensation. Section 11 of the 1894 Act enables the collector to hold an inquiry and proceed to determine the market value of the land acquired. The Collector is also required to ensure that the amount is either deposited or paid in accordance with the provisions of the 1894 Act.

4.

It is not in dispute that the petitioners have made a representation to the Land Acquisition Collector claiming the amount of interest as noticed above in April 2021.

5.

Notice of motion.

6.

On the request of the Court, Mr. Samarth Sagar, Additional Advocate General, Haryana, with Mr. Shivendra Swaroop, Assistant Advocate General, Haryana, accepts notice on behalf of respondent No.1

and 5. Mr. Ankur Mittal, Advocate, has put in appearance on behalf of respondent No. 2 to 4.

7.

The learned counsels representing the parties are ad idem that these writ petitions can be conveniently disposed of by a common order on the very first date of hearing.

8.

In the considered view of this Court, it would be more appropriate to direct respondent No.5-Land Acquisition Collector-cumDistrict Revenue Officer, Gurgaon, to decide the claim of the petitioners in accordance with the law within a period of two months from the date of receipt of a certified copy of the order. Needless to observe that if the petitioners are still aggrieved, they shall have the liberty to challenge the order.

9.

With the observations made above, all the writ petitions stand disposed of.

(Anil Kshetarpal) Judge June 29, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No