High Court of Punjab and HaryanaCWP/23176/2016disposed of

Nakul & ORS v. State Of Haryana & ORS

2016-11-09Ms. Justice Navita Singh,Mr. Justice Ashok Kumar Verma2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.23176 of 2016.

Date of Decision: November 09, 2016 Nakul and others ......Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Harkesh Manuja, Advocate, for the petitioners. -.-

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 land of village Khandsa, Tehsil and Distrit Gurgaon was acquired vide notifications dated 14.02.2007 and 15.02.2007 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 and Award was passed on 12.02.2009. As there came out multiple claimants asserting themselves to be co-sharers in the land, the Land Acquisition Collector has rightly deposited the compensation amount with the Reference Court. The compensation amount cannot be disbursed unless the shares are determined. We are not sure whether the Gram Panchayat has also staked its claim qua the subject land and if so, this order surely shall not affect the right of the Gram Panchayat.

In this view of the matter, let the petitioners approach the appropriate forum for determination of their shares. Learned counsel for the petitioners submits that such a petition is maintainable before the Land Acquisition Collector under Section 11 of the Land Acquisition Act, 1894. If that is so, let the petitioners file the Mohinder Kumar Kamboj 2016.12.

CWP No.23176 of 2016 [2] petition which shall be decided by the Prescribed Authority in accordance with law as early as possible but not later than four months from the date of its institution.

Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE November 09, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.12.15 11:53 I attest to the accuracy and integrity of this document Chandigarh