Pardeep v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.21414 of 2016.

Date of Decision: October 17, 2016 Pardeep ......Petitioner versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Pavan Malik, Advocate, for the petitioner. -.-

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) The petitioner seeks a mandamus to direct the State of Haryana as well as Haryana State Industrial Infrastructure Development Corporation (HSIIDC) to disburse him the enhanced amount of compensation as redetermined by the Land Acquisition Collector under Section 28-A of the Land Acquisition Act, 1894 (for short, 'the Act') vide Award dated 19.10.2015.

It is averred that the land of petitioner was acquired by the State of Haryana for HSIIDC vide Award No.2 dated 03.04.1997. The petitioner did not file any reference under Section 18 of the Act but other land-owners carried the matter upto the Hon'ble Supreme Court and finally got enhanced the compensation @ Rs.20.00 lacs per acre alongwith statutory benefits. The petitioner also claimed parity and filed application under Section 28-A of the Act which was allowed by the Collector vide Award dated Mohinder Kumar Kamboj 2016.11.09 13:04 I attest to the accuracy and integrity of this document Chandigarh

CWP No.21414 of 2016 [2] 19.10.2015. He alleges that the HSIIDC has not deposited the enhanced amount of compensation with the Collector due to which the same has not been disbursed to him.

Having heard learned counsel for the petitioner and considering the nature of relief sought in this writ petition, we dispose of the same without expressing any views on merits, with a direction to the HSIIDCrespondent No.2 to ascertain the correct facts and if the Award passed in favour of the petitioner has attained finality, let the due amount of compensation be deposited with the Land Acquisition Collector, within a period of two months from the date of receiving a certified copy of this order, which shall then be disbursed to the petitioner without any delay. The petitioner shall also be entitled to interest in accordance with law. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE October 17, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.11.09 13:04 I attest to the accuracy and integrity of this document Chandigarh