High Court of Punjab and HaryanaCR/7224/2019disposed of

Punjab Small Industries And Export Corporation v. Ajit Singh And Others

2026-01-28Mr. Justice Harkesh Manuja4 pages

CR-7224-2019 (O&M) and other connected cases COURT OF PUNJAB AND HA ARYANA AT CHANDIGARH

IN THE HIGH C

CR-7224-2019 (O&M) and other connected cases Decision: January 28, 2026 s Date of D LL INDUSTRIES AND EXPO ORT CORPORATION PUNJAB SMAL AJIT SINGH AN CORAM: HON

Present:

Mr.

Ms Ms in C Mr.

Mr.

for

Versus

ND OTHERS ........Petitioner ........Respondents N'BLE MR. JUSTICE HARKE ESH MANUJA Vaibhav Sharma, Advocate w . Salina Chalana, Advocate fo with or the petitioner-PSIEC.

. Harleen Kaur, Advocate for CR-7224-2019.

respondents Kanwaljit Singh, Sr. Advocat Jashanpreet Singh Deol, Adv e with vocate EFAs.

respondent Nos.1 to 4 in all E **** ANUJA, J. (ORAL) HARKESH MA Vide e this common order, a ba atch of 5 cases shall stand d disposed of, t the details whereof are giv ven in the footnote of the e judgment. For convenience, the facts are being drawn from CR-7224- - 2019.

The e present revision petition has s been preferred against the e order dated 03 .08.2019 passed by the learn ned Additional District Judge, , Tarn Taran-cum m-Executing Court whereby, t the bank accounts belonging g to the petitione er-corporation were attached d. The impugned order arose e out of executi ion proceedings preferred at the instance of private e respondents, w who claimed themselves to be e landowners seeking release e of the benefit o of enhanced compensation in n terms of the decision dated d 30.09.2013 pas ssed in RFA-1364-1994 as well as the decision dated d

27.02.2015 passed in RA-99-CI-2014 and upheld vide decision dated 21.11.2017 in SLP(Civil) No.2041-2051 of 2016. 3.

One of the objections taken in the present revision petition at the instance of the petitioner had been that there was no adjudication or award-decision in favour of respondents-landowners with respect to the enhancement of market value. However, it has not been disputed that some of the co-sharers of the respondents, whose land had also been acquired vide same notification, got enhancement ordered in their favour after having preferred reference petition under Section 18 of the Land Acquisition Act, 1894 followed by filing of regular first appeals as detailed in the preceding paragraph.

In such circumstances, the respondents-landowners in any case are entitled to the award of the benefit of similar market value in their pending execution application, in terms of law laid down by the Hon'ble Apex Court vide decision in SLP (C) No.4532-4539 of 2023 titled as "Ramphal and Ors.

Vs.

Haryana State Industrial and Infrastructure Development Corporation Limited and Ors.". The relevant para Nos.12 and 13 of the aforesaid decision are extracted hereunder:- "12. We are of the considered view that apart from the compensation, the appellants would be entitled to the interest for a period of five years to be reckoned from today backwards and we make it explicitly clear that the appellants are not entitled for any interest for any other 6 period. We would also hasten to add that the appellants would be entitled to all other consequential benefits which flow from award of compensation and the respondent(s) authorities shall compute the compensation as has been determined by the award passed under Section 18 of the Act

and/or modified by the High Court or this Court in exercise of appellate jurisdiction.

13.

The said determination shall be made by the authorities expeditiously and at any rate within an outer limit of three months from the date of this order and the amounts so determined shall be disbursed within an outer limit of three months for such determination with interest as specified therein." 5.

In view of the above, the learned Executing Court is thus requested to proceed further with the execution applications in accordance with law towards release of benefit of enhancement of compensation in favour of the respondents-landowners. 6.

Accordingly, the present petitions as well as the appeals stand disposed of.

Taking into account the directions issued by the Hon'ble Apex Court in case of Ramphal(Supra), the learned Executing Court is requested to expedite the proceedings and dispose of the execution application within 4 months from today as the same is pending adjudication for the past 6-7 years. The learned Executing Court may also verify the factum of respondents-landowners being co-sharers with the other landowners whose land got acquired vide same notification and also the adjudication made in their favour about enhancement of compensation.

In the meanwhile, the order of attachment of bank accounts belonging to the petitioner be kept in abeyance. However, it is made clear that in case the payment is not released in favour of respondents within the aforestated period of 4 months, the attachment of bank accounts/coercive action shall automatically stand revived.

Pending application(s), if any, shall also stand disposed of. 28.01.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Other connected cases EFA-13-2022 (O&M) EFA-16-2022 (O&M) EFA-17-2022 (O&M) EFA-18-2022 (O&M)