Vinod Kumar And ANR. v. State Of Haryana And Others

2023:PHHC:083233

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-3576-2023 Date of Decision: July 03, 2023 VINOD KUMAR AND ANR.

....... Petitioners

Versus

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

Present:

Mr. Rajeev Sharma, Advocate for the petitioners. **** HARKESH MANUJA, J. (ORAL) 1.

Limited prayer made in the present revision petition is for issuance of directions to the Executing Court for expeditious disposal of Execution Petition No.511 of 2021 titled as 'Vinod Kumar Versus State of Haryana', pending before it.

2.

Learned counsel for the petitioners submits that in furtherance to the acquisition of land owned by the petitioners, reference under Section 18 of Land Acquisition Act, 1984 filed at their instance was allowed vide judgment dated 16.10.2019 in terms of Judgment of even date, passed in LAC No.32 of 2014 titled as 'Kawal Singh and Others Vs. State of Haryana and Others' and the market value of the acquired land was assessed at Rs.86,60,000/- per acre besides other statutory benefits. 3.

Based thereupon, the petitioners filed Execution petition No.511 of 2021 titled as 'Vinod Kumar Versus State of Haryana and Others' before the Ld. Additional Sessions Judge, Sonipat (reference court), however, the same is being repeatedly adjourned without issuance of any directions to the respondents regarding release of the enhanced amount. Learned counsel also submits that even the Regular First Appeal No.381 of 2020 titled as 'Vinod Kumar and Another Vs. State of Haryana and Others'

2023:PHHC:083233 CR-3576-2023 -2filed at the instance of petitioners also stands partly allowed vide judgment dated 27.10.2022.

4.

Notice of motion.

5.

Mr. Shivendra Swaroop, DAG, Haryana accept notice on behalf of respondents No.1 and 2 whereas Mr. Amit Jaiswal, Advocate accepts notice on behalf of respondent No.3.

6.

I have heard learned counsel for the parties and have gone through the record.

7.

Considering the fact that notification under Sections 4 and 6 of the Land Acquisition Act, 1984 was issued in the present case on 14.07.2010 and 07.07.2011 respectively followed by an award passed by Land Acquisition Collector on 15.03.2013 and the reference Court enhanced the compensation vide judgment dated 16.10.2019 with further enhancement by this Court vide decision dated 27.10.2022, petitioners have not been able to get their rightful dues against the acquisition of their land, the Executing Court is requested to dispose of the Execution application which is pending since 09.08.2021, preferably within a period of 4 months from today as even otherwise the pendency of Execution petition is burdening the State with regard to discharge of their statutory liability qua interest as well.

8.

Disposed of in the aforesaid terms.

03.07.2023 (HARKESH MANUJA) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No