Gurmail Singh & ORS v. State Of Punjab & ORS

CWP No. 2520 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 2520 of 2016 Date of Decision: 8.2.2016 Gurmail Singh and others ....Petitioners.

Versus

State of Punjab and others

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.

HON'BLE MRS. JUSTICE RAJ RAHUL GARG.

PRESENT: Mr. Devinder Kaushal, Advocate for the petitioners. AJAY KUMAR MITTAL, J.

1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of Mandamus directing the respondents to make payment of compensation of the land acquired by respondent No.1 for the construction of National Highway (Zirakpur to Rajpura, Patiala) on the basis of the award dated 10.7.2014 (Annexure P-1) and as per the list (Annexure P-2) showing their names at Serial Nos. 2, 3 and 4. 2.

The petitioners were owners of the land vide jamabandi for the year 2010-11 (Annexure P-3) and the sale deed dated 20.10.1981 (Annexure P-4) situated in village Gobindpura @ Jangpura, Tehsil and District Mohali and the said land was acquired for the construction of National Highway No.64. The award was passed on 10.7.2014 (Annexure P-1). The amount of compensation was deposited by respondent No.2 for payment to the petitioners and other co-sharers as GURBACHAN SINGH 2016.02.09 16:50 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP No. 2520 of 2016 -2per list (Annexure P-2) but the said amount has not been paid to the petitioners. The petitioners moved the applications (Annexures P-5 and P-6, respectively) to respondent No.3 for the payment of compensation amount of their acquired land, but no response has been received till date. Hence, the present writ petition.

3.

Learned counsel for the petitioners submitted that for the relief claimed in the writ petition, the petitioners have moved applications (Annexures P-5 and P-6, respectively) to respondent No.3, but no action has so far been taken thereon.

4.

After hearing learned counsel for the petitioners, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.3 to take a decision on the applications (Annexures P-5 and P-6, respectively), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of one month from the date of receipt of certified copy of the order. It is further directed that in case it is found that the petitioners are entitled to the amount of compensation, the same be paid to them within next one month, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE February 8, 2016 (RAJ RAHUL GARG) gbs JUDGE GURBACHAN SINGH 2016.02.09 16:50 I attest to the accuracy and authenticity of this document High Court Chandigarh