M/S Nahar Industrial Enterprises Limited v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22131-2021 (O&M) Date of decision: 03.11.2021 M/S NAHAR INDUSTRIAL ENTERPRISES LIMITED ..Petitioner

Versus

STATE OF PUNJAB AND ANOTHER ..Respondents ASHOK KUMAR 2021.11.03 17:54 I attest to the accuracy and integrity of this document CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL PresentMr. Aalok Jagga, Advocate for the petitioner. Ms. Anju Sharma Kaushik, DAG, Punjab.

*** ANIL KSHETARPAL, J (Oral) The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. On 01.11.2021, the following order was passed:- "The hearing of the case was held through video conferencing on account of restricted functioning of the Courts. The petitioner is an allottee of an industrial plot. It has already paid the allotment price. As per a clause in the allotment letter, the petitioner is required to pay further amount, if the court enhances the market value of the acquired land. The petitioner claims that it has already paid more than Rs.14 crores towards the enhanced price. Through this writ petition, the petitioner prays that the respondents be directed to provide a calculation sheet so as to enable the petitioner to understand as to how a further amount of more than Rs 4 crores is being demanded.

Prima facie, the petitioner being allottee, is entitled to the aforesaid information so as to enable it to understand as to how the further demand, which is being made, has been calculated. Notice of motion.

At the request of the Court, Ms. Anju Sharma Kaushik, DAG, Punjab, accepts notice on behalf of the State of Punjabrespondent no.1 and 2 and prays for some time. Adjourned to 03.11.2021 for final disposal.

To be listed in urgent.

In the meantime, the respondents shall be at liberty to file objections, if any."

Ms. Anju Sharma Kaushik, DAG, Punjab, enters appearance for the State of Punjab and on instructions from Ms. Avneet Kaur, Land

CWP-22131-2021 (O&M) ASHOK KUMAR 2021.11.03 17:54 I attest to the accuracy and integrity of this document Acquisition Collector, Department of Industries and Commerce, Punjab, states that the entire information with regard to apportionment of the amount collected from the allottees, from time to time, shall be uploaded on the website. It has further been stated that the Department will also upload the information with regard to the enhancement of the amount of compensation payable to the landowners along with their details and the date of order passed by the Court on the website.

Transparency is one of the hallmarks of democracy. Public officials are expected to be transparent in their dealings, with the public at large. This is a case where the allottee who is being called upon to pay more than Rs.4 crores, pray for the complete information in this regard. In the considered view of this Court, before demanding further payment from the allottees who have already deposited the allotment price, the public authority is required to share the entire information with the allottees as to how and in what manner the enhancement demanded has been calculated and the manner in which the amount already paid has been appropriated. Let the entire information be uploaded on the official website of the department within a period of 15 days from the date of receipt of a certified copy of this order. Disposed of.

All the pending miscellaneous application(s), if any, are also disposed of.

03.11.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No