Kanwarjeet Singh Dhillon And ORS v. State Of Punjab And ORS

CWP-14111-2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****** CWP No.14111 of 2018 DATE OF DECISION : 17.02.2020 Kanwarjeet Singh Dhillon and others .....Petitioners

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE RAJAN GUPTA HON'BLE MR. JUSTICE KARAMJIT SINGH Present :

Mr. Gaurav Chopra, Advocate, for the petitioners.

Mr. Sahil Sharma, DAG, Punjab.

Mr. Rupinder S. Khosla, Senior Advocate, with Mr. Chirag Suri, Advocate, for respondent Nos.2 to 4.

RAJAN GUPTA, J. (Oral) Petitioners have sought a direction to restrain authorities from recovering additional prices levied in respect of allotment of site/plots on account of enhanced compensation payable to the original land owners. In view of the judgment dated 28.09.2012 passed in RFA No.1818 of 2004, Mr. Chopra has contended that demand of enhanced amount raised by the respondents is unjustified without selling all the sites commercial or otherwise by the Jalandhar Development Authority. According to him, such demand creates an anomalous situation as in the eventuality of sale of such sites, allottees would be entitled to proportionate reduction in the amount demanded as enhanced compensation. On the last date of hearing, a query was put to Mr. Khosla regarding demand of enhanced amount raised on the petitioner. He has, VIRENDRA SINGH ADHIKARI 2020.02.20 17:34

CWP-14111-2018 -2today, submitted that a communication has been received by him from the Estate Officer, Jalandhar Development Authority. According to same, on verification, it has been found that an area of 2.48 acre is still lying vacant and is yet to be planned. Inadvertently, the same could not be included in the distribution. The process is, however, now being undertaken. Mr. Khosla submits that proportionate distribution shall be done. In case, it is found that the amount demanded from the petitioners on enhanced compensation needs to be reduced, a decision shall be taken accordingly. In the eventuality, excess amount is found to be deposited by any of the allottees, the same shall be refunded to him. Order dated 30.05.2018 passed in this case shall also be taken into consideration.

According to him, an effort shall be made to complete the entire exercise within six months. In view of the above statement made by Mr. Khosla, no further direction is necessary. Petition is hereby disposed of. (RAJAN GUPTA) JUDGE (KARAMJIT SINGH) JUDGE 17.02.

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2020.02.20 17:34