Karamjit Singh v. State Of Punjab And Others

2023:PHHC:091419

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-4054-2023 Date of Decision: July 20, 2023 KARAMJIT SINGH ........ Petitioner

Versus

STATE OF PUNJAB AND OTHERS ........ Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Rohit Sapehiya, Advocate and Ms. Deepika Chauhan, Advocate for Mr. Rai Singh Chauhan, Advocate for petitioner. Mr. Athar Ahmed, DAG, Punjab.

**** HARKESH MANUJA, J. (ORAL) 1.

Short prayer made in the present writ petition filed under Article 227 of Constitution of India is for issuance of directions to the Reference Court-cum-Addl. District Judge, Patiala so as to expedite the LAC-35-2017 titled as 'Karnail Singh Vs. Karamjit Singh and Others' invoking Section 3(H)(4) of the National Highways Act, 1956. 2.

Learned counsel for the petitioner submits that vide notification dated 18.05.2016, issues under Section 3-D(1) of the National Highways Act, 1956, land owned by the petitioner was acquired, followed by award No.1 dated 28.10.2016. 3.

Dispute relating to apportionment of compensation was filed at the instance of private respondents invoking Section 3(H)(4) of the 1956 Act which was referred to the Court of Additional District Judge, Patiala having been registered as LAC-35-2017 titled as 'Karnail Singh Vs. Karamjit Singh and Others'.

TEJWINDER SINGH 2023.07.21 16:29 I attest to the accuracy and integrity of this document

2023:PHHC:091419 CR-4054-2023 -24.

Learned counsel for petitioner submits that said reference is pending adjudication for past almost six years and the amount of compensation has not been released in favour of any of the parties. 5.

Notice of motion.

6.

Mr. Athar Ahmed, DAG, Punjab accepts notice on behalf of respondent-State.

7.

Considering the fact that the acquisition in the present case relates to the year 2016 and the matter regarding apportionment is pending since 2017, resultantly, landowners have not been able to receive the compensation amount, the Reference Court i.e. Additional District Judge, Patiala is requested to dispose of abovementioned reference i.e. LAC-35-2017 pending for 27.07.2023 in an expeditious manner preferably within a period of nine months from today. 8.

Disposed of in the aforesaid terms.

20.07.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.07.21 16:29 I attest to the accuracy and integrity of this document