Dharam Singh & ORS v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.18434 of 2016.

Date of Decision: September 06, 2016 Dharam Singh and others ......Petitioners versus The State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.P.C.Dhiman, Advocate, for the petitioners. Mr.Rajesh Bhardwaj, Additional Advocate General, Punjab. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) Notice of motion.

On our asking, Mr.Rajesh Bhardwaj, learned Additional Advocate General, Punjab accepts notice on behalf of the respondents. Let three copies of the writ petition be supplied to learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage. Mohinder Kumar Kamboj 2016.09.16 16:14 I attest to the accuracy and integrity of this document Chandigarh

CWP No.18434 of 2016 [2] The grievance of the petitioners is that though the Award under Section 28-A of the Land Acquisition Act, 1894 was passed in their favour on 22.05.2014 enhancing the compensation amount but no payment has been made so far, for want of sufficient funds. Since the petitioners' land was acquired way back in the year 2002 and the enhanced compensation amount is said to have not been paid for the last more than two years, we dispose of this writ petition with a direction to respondent Nos.1 & 3 to ascertain the correct facts and if it is found correct that the petitioners have not been paid the due amount of compensation for want of sufficient funds, let the requisite amount be deposited with respondent No.2 within a period of two months from the date of receiving a certified copy of this order, who shall then within two weeks release the same in favour of the petitioners alongwith interest upto date. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE September 06, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.09.16 16:14 I attest to the accuracy and integrity of this document Chandigarh